Explain the way in which the implication of a term is an exercise in interpretation

Subject- Contract Law
Question – In Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014) the High Court of Australia considered the existence of an implied term in a contract of employment. The High Court considers the relationship between the implication of terms into a contract and the interpretation of the contract.

So Explain the way in which the implication of a term is an exercise in interpretation.

1.Please refer to the paras 22 – 42 of the above case (Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014).
2. Refer to the journals below:

a. Implied Terms: What Is the Role of Construction?* by Wayne Courtney† and J W Carter)

b. The implication of contractual terms: problems with Belize Te/ecom* by J W Carter.

c. Contract Interpretation: What Is It About? by DAVID MCLAUCHLAN

d. More on implied terms by David McLauchlan, Victoria University of Wellington, defends the approach in Belize Telecom.

The question is not about employment contract. It is about, ‘in which way the implication of the term is an exercise in interpretation.
Judgement of Lord Hoffman in Belize telecom needs to be analysed and discussed.It would be helpful if the orthodox approach about the implication is also analysed and discussed (refer to BP case in the journals provided).

If needed, give an explanation about the difference or similarity between construction and interpretation, with case or journal authorities.

There is no need to discuss facts about the cases until and unless it is absolute necessary to do so. even then it has to relate to the question about implication and interpretation.

Before concluding the essay, please include an example to explain why and how the implication and interpretation are necessary to give business its efficacy.

It is paramount to follow the citation style (footnotes) according to Australian Guide to Legal Citation (AGLC).Bibliography is also needed. — Footnotes and bibliography are not included in the word count so please be vary of that. Let me know if you have problems finding the guide. I will email you the link.

If you have any, i mean any problems understanding the issue please contact me ASAP with any hesitation.

I want an Australian or English Law Academic/Scholar to write an essay.

If you have any problems finding the case or journal articles stated above please let me know.

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