Putting the judge in the role of legislator

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Implied terms in law go beyond what contracting parties might be presumed to have intended when making a particular type of contract, with the possible outcome of putting the judge in the role of legislator. Are implied terms in law generally a good way of keeping up with social mores or do they leave too much discretion to judges and reduce the ability of parties to make contracts that reflect their desires?

Reference no: EM133096076

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