Conditions implied in a contract

[Humpback]

Related to another post, I'm currently trying to get off the 3 network. According to standard practice, I wanted to move to the lowest tariff and then pay off the remaining months on my contract. Everyone does it - in fact, if you move to O2, they sometimes pay out the remaining time on your contract with other providers.

Anyway. I tried to move from the €60pm tariff to the €25, but was told that I couldn't, and that I had to "step down" through their other tariff (€45pm) over a period of a couple months.

I asked where this was in my contract or the terms and conditions of my contract, but was directed to a statement that said nothing of the kind. I was told that the "step down" process was "implied" in the contract.

Can this be done? If something isn't specifically stated, can it be implied in a contract? Does this not just allow companies make up things as they go along if you can imply terms and conditions?

 

[Superman]

Certain conditions may be implied into a contract - for example
"to give business efficacy to a contract".
or for example if you contract to buy a car off someone and it is crashed before you buy it, then a term might be implied that if the car is crashed, the contract is frustrated - etc.
The limit of this is determined by the court and the terms are basically sensible and reasonable. (There is also the "but of course" test - would the two parties, before that particular contingency happened, have said "but of course" if a third party had asked them if that particular term should fbe implied to the contract)

The term that is claimed to be implied by 3 though is B.S., IMHO.