Express and Implied Terms

Overview

Recall questions on what express terms are and how they are communicated, and on the three sources of implied terms.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What are express terms in a contract?

   Model answer

   Express terms are terms that have been explicitly agreed upon by the parties to a contract, whether orally or in writing.

2. 2

   How can express terms be communicated between contracting parties?

   Model answer

   Express terms can be communicated either orally or in writing.

3. 3

   What are implied terms in a contract?

   Model answer

   Implied terms are terms that have not been expressly stated by the parties but are incorporated into the contract by statute, custom, or the courts.

4. 4

   Name the three sources from which implied terms may be incorporated into a contract.

   Model answer

   Statute, custom, and the courts.

5. 5

   Give two examples of statutes that may imply terms into contracts.

   Model answer

   The Sale of Goods Act 1979 and the Consumer Rights Act 2015.

6. 6

   When may terms be implied into a contract by custom or trade usage?

   Model answer

   Where there is a well-established practice in a particular trade or locality.

Other ways to work this

The same content, four other ways.

What is inside Levo

Six ways to work the same material.