Thompson v. National Construction Company ((Mag. App. No. 19/66)) [1967] SLSC 1242 (23 May 1967);

Law Report Citation: 
1967-68 ALR S.L. 168 S.C.
Search Summary: 

Contract-implied terms-customs and usages-implied if trade familiar to parties

Evidence-admissibility-civil cases-document admitted without objection properly in evidence but evidential value unaffected

Headnote and Holding: 

Where the parties to a contract are familiar with a particular trade they may be presumed to have accepted its special and familiar customs and usages and these may be implied into the
contract (page 171, lines 15-19

The courts may only imply terms into a contract where they can be presumed to be the intention of the parties, and the courts will not spell out a common intention from meagre words (page 171, lines 9-12, 28-31).