What Are the Distinctions Between Implication and Interpretation of Terms

question 3

Multiple Choice

What are the distinctions between implication and interpretation of terms (at least on the understanding of the majority of the Supreme Court in Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd) ? Please select all that apply.

• A) The former comes into play where the parties are silent; the latter requires the court to respect the language chosen by the parties.
• B) The former is grounded in necessity, the latter in reasonableness.
• C) Interpretation of an express term is the logically prior step to implication.
• D) Judges are able to imply terms where it is reasonable to do so.

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Definitions:

Acute Stressor

A short-term cause of stress that triggers an immediate physiological response, typically perceived as challenging or threatening.

Duration

The length of time that something continues or exists, often referring to events or conditions.

Inconveniences

Minor difficulties or disturbances that cause a temporary disruption or discomfort in daily activities.

Physical and Mental Health

Refers to the overall state of well-being involving both the body's physical condition and the mind's psychological and emotional state.