Friday, August 20, 2010

Express terms

Express terms are specifically agreed parts of a contract.  Implied terms are not specifically agreed but implied by the courts or Parliamentary acts.

Express terms to a contract can be agreed to either orally or in writing.

Written terms cause 3 problems:
  1. Can the court go beyond the written contract to discover additional terms?
  2. Is someone bound by written terms?
  3. Can written terms be incorporated into a contract by notice or in the course of dealings?

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