| 释义 |
business efficacy test
A method sometimes used by the court to imply terms in a contract (see implied term). The test is whether the term is necessary for business efficacy, that is, whether the contract requires the term to make (commercial) sense (The Moorcock [1889] 14 PD 64). A term should not be implied if the contract is effective without it (Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2015] UKSC 72). |