The Sanctity of Contracts in English Law - College of Social ...

Implied Terms 45to adjust the rights and obligations of the partieshaving regard to circumstances not provided for bytheir contract. Thus a company engaged in themanufacture of valves to be used in the constructionof " aids for the deaf " discovered that some of itsworkmen were secretly working in their spare timefor another company engaged in the production ofsimilar appliances. It successfully sued for an injunctionto restrain the workmen from so working.The court considered that there should be impliedinto the contract of employment a term that theservant undertakes to serve his master with goodfaith and fidelity. 10 In another case lx there wasimplied into a contract of manufacturing agencywhich contained no provision for its determinationa term to the effect that the contract could be determinedon the serving of a reasonable notice of twelvemonths' duration. Perhaps the most far-reachingimplication was made in Romford Ice and Cold StorageCo., Ltd. v. Lister, 12 where the House of Lords(affirming a majority decision of the Court of Appeal)held that a term could be implied into a lorry driver'scontract of service that he would carry out his dutieswith reasonable skill and care, and so would be liablefor damages for negligence in the performance of hisduties. The defendant in that case was employed todrive a lorry and he had backed it in a private yard10 Hivac, Ltd. v. Park Royal Scientific Instruments, Ltd. [1946]Ch. 169.11 Martin-Baker Aircraft Co., Ltd. v. Canadian Flight Equipment,Ltd. [1955] 2 Q.B. 556.12 [1957] A.C. 555.