Eyre v. Measday . 1 All E.R. 488
A woman underwent sterilisation and later got pregnant. She sued on the basis that there was an implied term in the agreement between her and the gynaecologist that she would not get pregnant after the sterilisation. The defendant had only informed her that the procedure was irreversible and did not state that she would never get pregnant after the procedure.
1. Whether or not there was an implied term that the woman would not get pregnant after the sterilisation.
1. That there was no implied term that the woman would not get pregnant after the sterilisation.
The court of appeal held that the defendant’s representations to the claimant that the procedure was not reversible did not amount to a guarantee that the procedure will achieve its desired object of sterilising the plaintiff. That no such term that the woman would not get pregnant could be implied because no such term arose by necessary implication and if the plaintiff wanted a guarantee that she would not get pregnant, she should have expressly asked for such a guarantee.