By Eleanor McClelland

A recent Court of Appeal decision serves as a reminder of the limited circumstances in which a term can be implied into a commercial contract.

In Bou-Simon v BGC Brokers LP, it was decided that a contractual term cannot be implied into a contract simply because it appears to be fair or because it seems likely that the parties would have agreed to it if it had been suggested to them. The Court of Appeal also made some interesting observations in relation to the admissibility of deleted contractual provisions.