IMPLIED COVENANT


Covenants can be implied by construction or the surrounding circumstances. The covenant is implied by construing the express terms and then looking at the surrounding circumstances and what is generally necessary to make the contract work. For example, if a tenant of a shop has the right to a toilet at the rear of the land, and the only access is across that part of the building occupied by the landlord then it will be implied that the tenant has such a right of access.