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What Is an Implied Term? in What Circumstances Are the Courts

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Essay

What is an implied term? In what circumstances are the courts likely to find that an implied term is appropriate to the interpretation of the contract?


Definitions:

Contract Between Partners

A legal agreement that outlines the rights, responsibilities, and share of profits/losses among partners in a partnership.

Distribution Of Remaining Cash

The allocation of left-over cash to shareholders or for other corporate purposes after settling all obligations and investments.

Liquidation

Liquidation is the process of selling off a company's assets to pay off its debts and liabilities, typically occurring when a company is insolvent or ceasing operations.

Mutual Agency

A principle of partnership where each partner is both an agent and a principal, legally authorized to make business decisions and transactions that can bind the partnership.

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