“…In Southern Foundries 1926 Ltd v Shirlaw [1940] AC 701 Lord Atkin preferred not to characterise this as an implied term but as “a positive rule of the law of contract that conduct of either promisor or promisee whi…”
“… Mr Thanki relied upon the following statement of Cockburn CJ in Stirling v Maitland (1864) 5 B&S 841, 852 (approved in Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701, 717, 730 and 741):…”