Bou-Simon v BGC Brokers LP

Contract – Implied term. It was not necessary to give business efficacy to the parties' contract to imply a term for repayment to deal with circumstances not just omitted from the express terms, but which were outwith the scope of the agreement altogether. Accordingly, the Court of Appeal, allowed the appellant's appeal against the judge's decision, implying the term into an agreement and, as a result, giving judgment in the respondent's favour in the sum of £401,361.19.

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