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Essay / Research Paper Abstract
An 18 page paper that discusses certain aspects of contract law in the United Kingdom. Implied terms of a contract are those that are not expressly written in the document. Courts typically determine whether or not a term is implied by the contract. This essay defines and explains terms, the evolution of the interpretation of implied terms by courts, the three categories of grounds for implied terms, and how Lords have described the current practice of interpreting contract terms. Examples of cases and comments from courts are interspersed throughout the essay. Bibliography lists 10 sources.
Page Count:
18 pages (~225 words per page)
File: MM12_PGUKtrm.rtf
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was the motivation for this statement? How do courts exercise the power Lord Bingham identified? Introduction A contract is an agreement between two or more parties that obligates each
party to fulfill whatever is named in the contract. There are both expressed and implied terms in any contract. Expressed terms are those statements of agreement written in the contract
as well as any oral agreements (Friedrich-Alexander-Universit?t, n.d.; Ohly, n.d.). The implied terms are those that have not been directly mentioned by any of the parties (Friedrich-Alexander-Universit?t, n.d.; Ohly, n.d.;
Collins, n.d.; Improvement and Development Agency, 2003). In other words, implied terms are an implicit agreement rather than an explicit agreement (Collins, n.d.). The court, however, deems these implied terms
to have been agreed to by the parties (Friedrich-Alexander-Universit?t, n.d.; Collins, n.d.). Adding implied terms to express terms is justified because of the intentions of the parties (Friedrich-Alexander-Universit?t, n.d.). Even
though the parties did not included these terms in the formal agreement, the court concludes that they intended to include the implied terms (Friedrich-Alexander-Universit?t, n.d.). Implied terms may also
be those that are implied directly from law (Wai, 2001). It may be common law or statute law (Wai, 2001). In Machtnger v. Hoj Industries Ltd., for instance, the implied
law had to do with notice before employment termination (Wai, 2001). The reason for this conclusion is that the implied terms are so obvious that it was not necessary to
write them in the formal document (Friedrich-Alexander-Universit?t, n.d.). However, this conventional explanation that directly relates to the intentions of the contract parties becomes a slippery slope because of the breadth
of terms that may be seen as implied obligations (Friedrich-Alexander-Universit?t, n.d.). Classical law regards the express and implied terms as those that identify the specific contractual obligations because they allegedly
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