BP Refinery (Westernport) Pty Ltd v Shire of Hastings

BP Refinery (Westernport) Pty Ltd v Shire of Hastings is a leading judgment of the Privy Council which summarised the test for whether a term should implied ‘in fact’ into a contract, to give effect to the intentions of the contracting parties. While the formulation of the test is not without criticism, it is usually accepted as setting out the tests for the implication of a term into a contract.

BP Refinery (Westernport) Pty Ltd v Shire of Hastings

BP Refinery (Westernport) Pty Ltd v Shire of Hastings is a leading judgment of the Privy Council which summarised the test for whether a term should implied ‘in fact’ into a contract, to give effect to the intentions of the contracting parties. While the formulation of the test is not without criticism, it is usually accepted as setting out the tests for the implication of a term into a contract.