Business Law Assignment: Exploring Contract Terms and Implications

This business law assignment explores the fundamental concepts of contract terms, differentiating between express and implied terms. The assignment begins by defining contracts and their essential components, including the terms that govern them. It explains that express terms are explicitly stated, either orally or in writing, while implied terms are not directly stated but are understood to be part of the agreement. The assignment then provides examples to illustrate the differences between the two types of terms, including a scenario involving a lawyer and a child's trust, highlighting the role of implied terms. Furthermore, the assignment uses a real-world scenario involving a café to illustrate both implied and express terms. The implied terms are demonstrated by the process of ordering food, while express terms are illustrated by a clause on the ticket regarding liability. The assignment concludes by emphasizing the importance of both types of terms in creating legally binding contractual obligations.

BUSINESS LAW ASSIGNMENT 1
Business Law assignment
Professor
Institution
Date

BUSINESS LAW ASSIGNMENT 2
Contracts are pacts entered into by two or more parties creating an authorized commitment
for the parties concerned to perform specific acts. They contain provisions which are part of the
pact. These provisions are what are referred to as Terms of the contract. All the terms bring on
lawful obligation which means incase of breach of a term, parties can seek remedy by claiming
damages.
Terms may be included in an agreement in two ways; expressly or impliedly. Express terms
are terms which are clearly announced either orally or in writing between the parties to the
contract (Finch and Fafinski 2018). While implied terms are terms which are assumed since they
are not particularly stated directly in spoken or written when forming the contract. Normally,
they are presented by the courts to enhance contractual agreements in the interest of making the
deal operative for purposes of business, to attain fairness between the parties or to relieve the
hardship (Austen-Baker 2017). As an example, a dad of a youngster requests that the family
lawyer hold $250,000 in trust for his kid. Be that as it may, rather than doing as such, the
outsider attempts to keep the cash. The law ensures the dad for this situation. It doesn't enable the
lawyer to keep the cash in light of the fact that there was no formal contract set up. These
gatherings have an inferred contract by law, and the lawyer must satisfy the commitment to
convey the cash to the tyke.
At times, terms which are not included in an agreement are more important than terms which
are included. This is to mean that some important or obvious terms are left out making the story
incomplete with loop holes. Implied terms in agreements affect what has been expressed. They
create a rebalance on the agreement. The two terms when brought together causes a legally
binding contractual obligation. The two terms complement each other in a way that where there

BUSINESS LAW ASSIGNMENT 3
are no implied terms, only the expressed terms are interpreted. To differentiate the two terms
therefore we delve into the fact that when the contract was being made, the implied terms were
not stated expressly.
In Avinash’s case the two types of terms are depicted. To begin with the implied term
example; the fact that when you want to order food from the café you have to select the item
from a displayed menu on the touch screen then ensure you submit the order by touching the
virtual OK button. The order is then conveyed to the counter at the front of the café and is
printed by the cashier and issues it. The ticket printed contains the order number and amount to
be paid. The ticket is presented at the counter on the front for confirmation of the order relayed
and thereafter payment is done for the order and waits for the delivery. All this movement is not
expressed anywhere therefore making it implied.
Onto the express terms example, the ticket which Avinash had received which entailed the
order number and amount to be paid also contained on the reverse side a clause that the café
does not accept any obligation or for any grievance caused to customers by eating of food or
drink vended. This is an express term because it has been expressly stated in writing on the cafés
ticket.
References

BUSINESS LAW ASSIGNMENT 4
Austen-Baker, R. (2017). Implied Terms in English Contract Law, Second Edition.
Gloucestershire, England: Edward Elgar Publishing.
Finch, E., and Fafinski, S. (2018). Law Express: Contract Law. Harlow, United Kingdom:
Pearson UK.