Terms

Question 1

What are the terms?

Answer 1

The courts have identified four different types of terms (1) express terms (2) implied terms (3) statutorily implied term (4) court supplied terms

Question 2

Express terms

Answer 2

An express term is written or orall spoken by the parites to intend to be the final expression of the terms in the contract.

Question 3

Was there intergration

Answer 3

An writing is intergrated when it constitues the (1) final expression of (2) one or more terms (3) in an agreement.

Question 4

A1

Answer 4

final expression i.e., term written in black and white on the record (electronically or on paper)

one or more terms i.e., some or all

agreement i.e., a bargain of the parties as found in fact or inferred from other circumstances including course of performance, course of dealing and usage of trade.

Question 5

What are the intergrated terms?

Answer 5

An intergrated term is a promise or a condition made by either party of the contract.

Question 6

Is there a term outside of intergration that a party is claiming is apart of the contract?

Answer 6

A term outside of intergration is any term that introduced prior to or during contract formation. Terms (1) outside the intergration may be (2) written (3) oral that were negotiated and agreed upon by both parties.

Question 7

A2

Answer 7

outside intergration i.e., not on the record
written or oral, in ink or the equivalent