Charles runs a training and technology business. Tania asks Charles to run 'how to use linked for networking and career development' classes at a local community centre that Tania manages. They agree that Charles will be paid a small fee for the classes, which Charles agrees to as he wants to support the community and he also believes that running the classes will promote his business. Charles's classes are very popular, and many people want to talk to him after his classes. Tania discovers that Charles is selling people private training and workshops with his company to assist them with their technology concerns. Tania is annoyed by this and tells Charles that it was not part of their agreement that he could sell workshops run by his business after the class.

Charles argues that it was an implied term of the contract that he could sell workshops and other training offered by his business after the class, and he says that this term is necessary to give the contract business efficacy. Required: Apply the test in BP Refinery Western Port v Shire of Hastings (1977) 180 CLR 266 (PC) to determine whether it was an implied term of the contract that Charles could sell workshops and training after his classes.

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