certain in its terms

Question 1

What are the different types of terms in a contract

Answer 1

Express terms, implied terms, common terms, imposed terms and unsigned contracts

Question 2

What are express terms

Answer 2

broken into essential terms which are material such as price, subject etc.
And incidental terms which are non-essential which includes later defects/passing of risks etc

Question 3

What are implied terms

Answer 3

Tacit terms/terms implied on the facts which are obvious ( curious bystander)

Terms implied by law/residual/natural terms

Terms implied by trade usage which must be certain, reasonable, legal, generally known and used as well as not contradictory to other parts of a contract

Question 4

What are common terms

Answer 4

exclusion clauses
cancellation clauses
penalty clauses
time terms
conditions both suspensive and resolutive

Question 5

What are imposed terms

Answer 5

Exclusion terms. under CPA supplier cannot exclude liability for gross negligence and under common law, caveat subscriptor.

Question 6

What are unsigned contracts

Answer 6

These are tickets and notices which the party is bound to as long as drawn to consumers attention

Question 7

How should exclusions for imposed terms be included

Answer 7

They must be drawn to the consumer, must be in plain language, must be given adequate time to read it, must show consent by signing or initialling the clause