Liverpool CC v Irwin (1977) AC 239

The nature of the contract itself required a search for the obligation which should be read into the contract, as essentials of the tenancy. Fraser LJ stated that the obligation was to be implied as a legal incident of the kind of contract which those landlords and those tenants had entered into.

Wilberforce LJ: "Where there is, on the face of it, a complete, bilateral contract, the courts are sometimes willing to add terms to it, as implied terms: this is very common in mercantile contracts where there is an established usage: in that case the courts are spelling out what both parties know and would, if asked, unhesitatingly agree to be part of the bargain."

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