d)In law in all classes of contract.b.A court would imply a term in contract in fact under “Codelfa Construction Pty Ltd v State RailAuthority of NSW.c.The most important consideration that a court would consider for a term to be implied in law isthe application of the proposition to what has been treated as a contractual duty to cooperate.Debates about characterisation have attracted persuasive protagonists on both sides. Theyinvolve taxonomical distinctions which do not necessarily yield practical differences. These arenot concerned with the distinct questions whether, and when implication of a term is to beregarded as an exercise in the construction of a contract or class of contract.d.Q No 9.The three reasons by the majority judges area)They weren’t satisfied the breach of the policyb)Unimplied term of mutual trust and faithc)The decision of high court is in the favour of the bank.Q No 10.The outcome of this case by majority of judges is in the favour of Commonwealth Bank ofAustralia.
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