Express & Implied Flashcards
What is the ruling upon promises in express and implied?
One who makes a promise will only be bound to honour that which they have EXPRESSLY undertaken to do.
There are to IMPLICATIONS within a promise
Promises purely, only give effect to the words that have been expressed by promisor.
What is the ruling upon contracts in expressed and implied?
Within contracts the expressed terms that have been agreed to by the parties might not be considered by the courts, within nexis of their agreement there could be terms which the parties did not agree to that the courts may enforce is bound upon them.
Just because a term is expressed does not mean it will form part of the contract, certain terms may be disregarded by the court or held unenforceable.
They might be obliged to do certain things they have not expressly assented to.
Which type of ‘terms’ may be ‘implied’ into a contract?
Where the contract has not gone well the court will deem on the basis of fact an implied term to be incorporated for it to be completed.
Common law
Statutory provisions such as the sales of goods act 1979
Tbh
What is an expressed term?
An expressed term are those that the parties agreed and made part of their contract. They can be made through documentation I.e. words or orally ie spoken/said.
What’s the ruling where contracts are written in document form?
Such will be presumed to obtain all of the expressed terms of the contract, and so anything not contained therein is presumed not to be a term of the contract.
