3.7.4An Implied Term of the Contract cannot be Negatived

Irish Life inserted a condition in their Policy (see Section 3.6) whereby they sought to deny effect to any terms not incorporated in the Policy.

In every contract for the supply of a service, where the supplier is acting in the course of a business, there is an implied term that the supplier will supply the service with due skill, care and diligence. In the case of an Endowment Mortgage Contract part of the service provided is ‘Giving Advice’.

It is therefore an implied term of an Endowment Mortgage Contract that the supply of the service of ‘Giving Advice’ is done with due skill, care and diligence.

Irish Life cannot negative this implied term unless by an express term, which express term must be shown to be fair and reasonable AND must be shown to have been specifically brought to our attention.

(See Section 2.4.3: Supply of Services.)


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