 The Appellate Division left this unanswered, after noting that there are two lines of authority when it comes to the proof of tacit contracts.Although none of them purports to resolve the issue, more judicial pronouncements follow the more stringent test that there must be no other reasonable interpretation than that the parties intended to, and did in fact, contract on the terms alleged than follow the less demanding ‘most plausible probable conclusion’ test.In addition to "essentialia, naturalia and incidentalia", on the one hand, and implied and express terms, on the other, Prof. AJ Kerr of Rhodes University offers another popular classification of contractual terms.