Express written/oral, implied by: custom, course of dealing, courts, legislation. What are the implied representations?

Here's a breakdown of the concepts from your notes:

• Express Terms

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

• Implied Terms

  • These are terms that are not specifically agreed by the parties but are still considered part of the contract.
  • They can be implied by:
    • Custom: As seen in cases like Hutton v Warren.
    • Course of dealing: Based on previous interactions between the parties, for example, Spurling v Bradshaw.
    • Courts: Through judicial interpretation, such as in The Moorcock.
    • Legislation: Statutes like the Sale of Goods Act often imply certain terms into contracts.

• Representation

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