Essays Terminology

Essays Terminology-57
The more important terms are called conditions and the less imprtant terms are called warranties.Conditions are considered so important that without conditions one party or the other party or both of the parties would not enter into a contract.similalry when terms are implied by the courts, the general rule for this is that they can be excluded by express provision in an agreement. [Accessed 6 September 2019]; Available from: https://

The more important terms are called conditions and the less imprtant terms are called warranties.

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When the terms that the contracting parties expressly choose run out or setting down mandatory rules which usually operate to override the terms that the parties may have themselves chosen.

The purpose of implied terms is to often supplement a contractual agreement in order to make the deal effective for the business purposes and to achieve fairness between the parties or to relieve hardship.

So, when the express terms of a contract leaves a gap to be filled being given their basic attachment to the contractual freedom then the courts are reluctant to override the express terms for contracting parties.

Also the Legislation can be a source of implied terms which may be overridden by the agreement of the parties.

Similarly breach of contract is the failure by one party to a contract to uphold their part of deal.

A breach of contract will make the whole contract void and can lead to damages being awarded against the party which is in brech.

All terms are not stated expressly but some terms carry less legal gravity as because they are peripheral to the objectives of a contract. Express Terms: – Express terms can be defined as the terms that have been specifically mentioned and agreed upon by both parties at the time of making that contract and they can be either in oral or in written.

There are two basic types of Terms which are defined as under. The importance of a term can be clearly understood by explaining the contract.


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