Flashcards
Implied and Expressed Terms
Cards in this deck (9)
- 1What are the two types of Terms?Expressed Terms
Implied Terms - 2What is a expressed term?These are terms actually referred to explicitly by other parties, for example, verbal or in writing.
- 3What is an implied term?These are not stated by the parties, but still, form part of the contract. They may be implied by a number of ways:
Statute
Custom
Trade Usage
Courts - 4How does a statute imply a term and legislation?The Consumer Rights Act 2015:
s9 - goods supplied will be of satisfactory quality
s10 - goods supplied will be fit for their purpose
s11 - goods supplied will match their description
s17 - the trader had the right to supply the goods
Sale of Goods Act 1979
s12 - that the seller has a right to sell the goods
s13 - that the goods supplied will be fit for their purpose
s14(2) - that the goods supplied will be of satisfactory quality
s14(3) - that the goods supplied are fit for purpose - 5How does custom imply a term and case?Terms might be implied because it is customary to do it on that basis.
Hutton v Warren [1836]: claimant planet and worked a field to grow crops, however before harvest, the tenancy for the field terminated. The claimant sent a bill to the defendant (Land Lord) for the money and time spent on growing the crops. The defendant claimed there was nothing in the contract to state this would happen.
Held: it was customary for the Land Lord to pay this. This was a implied term of the agreement. - 6How does trade usage imply a term and case?Terms are implied if both parties are in the same business, and trade the same way.
British Crane Hire v I[swich Plant Hire [1975]: crane sank into marsh land, debated over who would pay the bill for getting it out.
Held: Both were in the same business and both used the terms where the risk remained with the hirer - 7How do courts imply a term?They may find there is a term implied into the contract, either in fact or in law.
Terms implied by a matter of fact is where the courts look at what the parties intended by their agreement using the officious bystander's test.
Term implied in law is where a court decides as a matter of law a particular term should be part of the contract e.g. Liverpool City Council v Irwin [1977] - 8What is the Officious Bystander's test, and case?Shirelaw v Southern Foundaries [1939]: It must be obvious that both parties would agree to the term at the time the contract was made.
(look into more) - 9Attorney General of Belize v Belize Telecom Ltd (2009)
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- Degree Contract Law (Terms and Representation) Flashcards on Implied and Expressed Terms, created by James Dolton on 05/04/2017.
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- James Dolton
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