Contrcat Law Implied terms
Once a contract has been established between two parties, does not necessarily mean that its provisions are clear and beyond dispute. The parties may have differing views as to what was expressly agreed upon, and may encounter potential ambiguity and difficultly in coming to an understanding to the terms upon which they have agreed to. Furthermore, a contract may not simply consist of express terms either spoken, or in a signed written document, or in an unsigned written document. It may have been entered into against a background of custom or trade usage which the parties assumed would be implied into the contract. Therefore, the terms of a contract may be partly the result of express agreement and partly the result of implication. Implied terms, are in a sense, invisible terms, and is thus one which is not written into the written contract, spoken in the formation process of the oral contract, nor written or spoken in the case of a contract which is partly written and partly oral. It must be found outside the actual contract and read into the contract by implication . At first sight it seems strange and somewhat alarming that parties to a contract might be bound by terms which the
S Gooley J.V & J.C Carvan, The Principles of Contract Law, (Sydeny: Legal Practices Update Pty Ltd, 1992) 111-126. S Latimer. Paul, Australian Business Law, 12th ed. (Sydney: CCH Australia Limited, 1993) 358 - 362
Some common words found in the essay are:
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Approximate Word count = 2538
Approximate Pages = 10 (250 words per page double spaced)
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