Private Law Theory

INTRODUCTION
Many areas of law give legal effect to the meaning of a communication. The law of contract gives effect to contractual agreements; the law of express trusts gives effect to manifestations of an intention to create a trust; the law of statutory interpretation gives effect to legislation. In all these areas, determining the meaning of the communication is important, as this (in large part) determines its legal effect. Yet, in ascertaining this meaning, the law faces a problem of doublethink. On the one hand, it is broadly accepted that communications can have gaps; that they can run out; that they do not cover every eventuality. Of course, if there is no express term on a particular matter, an implied term may fill the gap. But even after implication, it is generally accepted that a communication may still have gaps …

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Rory Gregson, ‘The limits of implication’ (2025) 141(Jul) Law Quarterly Review 413-436.