“… of an implied term of this kind has to be defined by reference to the contract, and cannot be used to expand it: see James E McCabe Ltd v Scottish Courage Ltd [2006] EWHC 538 (Comm) at [17]:…”
“…its scope, will depend on the contract under consideration, and in particular its express terms. As Cooke J stated in James E McCabe Ltd v Scottish Courage Ltd [2006] EWHC 538 (Comm) at [18]:…”