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Terms

Express and implied terms, types of term and exclusion clauses

  • 6 things to know
  • Component 4

Overview

Recall questions on express and implied terms, conditions, warranties and innominate terms, and the control of exclusion clauses.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

How are the terms of a contract classified?

Numbers

What is an innominate term and how is it treated?

Key term

What is the difference between an express and an implied term?

Numbers

Which statute implies terms into consumer contracts for goods and services?

Key term

What are the three types of contractual term classified by importance?

Key term

What is an exclusion (exemption) clause?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is a term of a contract?

    Model answer

    A statement the parties intend to be a binding part of the contract, breach of which gives a contractual remedy, as opposed to a mere representation.

  2. 2

    What is the difference between an express and an implied term?

    Model answer

    An express term is one the parties have actually stated, orally or in writing; an implied term is read into the contract by the courts, by statute, or by custom.

  3. 3

    How may terms be implied at common law?

    Model answer

    To give the contract business efficacy, or to give effect to the parties' obvious but unstated intention (the officious bystander test), or through a consistent prior course of dealing.

  4. 4

    Which statute implies terms into consumer contracts for goods and services?

    Model answer

    The Consumer Rights Act 2015.

  5. 5

    What key terms does the Consumer Rights Act 2015 imply into consumer contracts for goods?

    Model answer

    That the goods are of satisfactory quality, fit for any particular purpose made known to the trader, and as described.

  6. 6

    What are the three types of contractual term classified by importance?

    Model answer

    Conditions, warranties, and innominate (intermediate) terms.

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