Express | Implied | Representation

here's a breakdown of the contract law concepts from your notes:

• Express Terms

  • These are terms that are either written or oral.
  • They are specifically agreed upon by the parties involved in the contract.

• Implied Terms

  • These are terms that are not specifically agreed upon by the parties but are still considered part of the contract.
  • They can be implied by:
    • Custom: Based on established practices, as seen in cases like Hutton v Warren.
    • Course of dealing: Arising from previous transactions between the same parties, for example, Spurling v Bradshaw.
    • Courts: Through judicial interpretation to give effect to the parties' presumed intentions, such as in The Moorcock.
    • Legislation: Statutes like the Sale of Goods Act often automatically include certain terms in contracts.

• Representation

  • These are pre-contractual statements.
  • They are not intended to form part of the contract itself.