The United Kingdom High Court lays emphasis on the principles for implied contractual terms.
A recent High Court case in talks about trademark licensing and merchandising agreement offers a reminder of the principles, to be taken into consideration by a Court when determining whether a term should be implied into a commercial contract. The judgment decided it was necessary and obvious to imply a term that will require a licensor’s cooperation into an exclusive licence agreement (the “Agreement”) to manufacture trademarked merchandise and racing uniforms for the team – Force India Formula One racing team.