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Assignment on Contract Law (pdf)

   

Added on  2021-06-14

5 Pages821 Words202 Views
Running head: CONTRACT LAWExpress & Implied TermsName of the StudentName of the UniversityAuthor Note

1CONTRACT LAWIntroduction:The present matter of the case is based on contractual terms. According to generalprovision of contract, any terms that form the part of the contract is known as contractual terms.When a contract has been made in between the parties, both parties are obliged to follow theterms of the contract and in case of any breach, the affected party can claim damage from thewrongdoer or repudiate the validity of the contract. However, in a contract, there are two termsmentioned such as implied terms and express terms.Discussion: Implied terms are such terms that are not mentioned by either parties and not mentionedunder the main body of the contract. The implied contracts are of two types such as termsimplied by statutes and terms implied by courts. On the other hand, express terms are thoseterms mentioned by the parties and mentioned in the original body of the contract. According tothe basic principle of law, the parties to a contract should have to follow all the express terms ofthe contract and in case of any violation regarding the same, the parties could have to facedamage regarding the same. The terms that are mentioned in the contractual agreement could notbe regarded as the implied terms of the contract, the express terms of the contract can be ofcondition or warranty of a contract, and violation regarding the same could be penalized indifferent forms. According to the case of Esso Petroleum v Mardon[1976] QB 801, it can bestated that the parties to a contract have to follow the rules during the course of negotiation andthe rules can be classified as express terms, representation and part of the collateral contracts. Inthis case, it has been established that if any party to the contract does not follow the terms that

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