 Suppose, in the example given above, that the spectator hired the seat for the purpose of seeing a certain ceremony that both parties contemplated would take place on that day, but that no express reference to the ceremony was made by the parties in contracting.A term is implied from the circumstances that the hiring is conditional on the ceremony taking place on the day in question.The courts often deploy the officious-bystander test to determine whether or not a contract contains a tacit term, imagining that an impartial bystander had been present at the conclusion of the contract and had asked what might happen in a situation the parties had not expressly foreseen