21. The implied term which exempts the servant is just as plausible as the implied term which makes him liable. 22. The issue arises because, in United Kingdom law, a contract of employment consists of both expressed and implied terms . 23. Browne-Wilkinson VC said the implied term would circumscribe the scope of the express term, so that both coexist without conflict. 24. Arguments to the effect that there should be an implied term in the ISDA Master Agreement to that effect were dismissed. 25. However, in many instances such implied terms can be displaced by the contrary intention appearing in the contract between the parties. 26. Take, for example, the question of whether the implied term is " necessary to give business efficacy " to the contract. 27. It is therefore inappropriate either as an implied term of a contract or as a tortious duty arising from the relationship between them. 28. The Supply of Goods ( Implied Terms ) Act 1973 was partially based on that report, but it went further in some respects. 29. The implied term means that both the employer and employee should behave in such a way as to not undermine the employment relationship. 30. The contribution of the common law to the employment revolution has been by the evolution of implied terms in the contract of employment.
