Most Small Claims Tribunal cases are based on contract law. However, often a written contract does not state all of one's expectations. What can be done in such a situation?
One possible solution is to use the implied term argument. You will try to persuade the court that certain promises are to be implied into the contract. The test the courts often use is the business efficacy test - whether the implied term is necessary to give the contract business efficacy. This test is not always easy to understand or apply. You may wish to think of whether the implied promise is so obvious that there is no need to state it in the written contract.
2 obvious examples of implied terms -
a) an eating establishment eg a restaurant will serve you food that is fit to eat and will not give you food poisoning;
b) a taxi driver will drive you safely to your destination.
Please note that the abovepost is only information, and you may wish to take legal advice in this area.
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