Express and implied teerms Flashcards
(2 cards)
1
Q
Express terms
A
Expressed terms are those which should be stated during negotiations. These terms are much easier for courts to determine as they become a term in a contract
2
Q
Implied terms
A
Implied terms are not written into contracts and terms can be implied in 3 ways:
1. Through custom - (common practices over a long period of time allow enforceable term)
2. Through common trade practice - (specific type of industry that commonly operates through professional customs)
3. To preserve business efficiency - (implication here is where 2 parties form a contract, the effectiveness of agreement must be implied to allow this to operate)
