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No implied term in design service agreement

Building Law Monthly

No implied term in design service agreement

In Yoo Design Services Ltd v Iliv Realty Pte Ltd [2021] EWCA Civ 560, the Court of Appeal declined to imply a term into a Design Service Agreement that the defendant was under an implied obligation to complete the sale of apartments within a reasonable time. The Design Service Agreement was held not to lack practical coherence without the term, the term itself was vague and capable of expression in different ways and the term was held not to be sufficiently obvious to satisfy either the business efficacy test or the officious bystander test.

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