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Davies v Saint-Gobain Calmar Ltd - pension plan and implied terms - High Court (Chancery Division) 8.3.07

The only general interest of this case is that it confirms that the question of whether a term should be implied into an employment contract, and if so what, almost inevitably arises after a crisis has been reached in the performance of the contract. "So the court comes to the task of implication with the benefit of hindsight, and it is tempting for the court then to fashion a term which will reflect the merits of the situation as they then appear. Tempting, but wrong."

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