EXPRESS AND IMPLIED TERMS PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW 34. EXPRESS AND IMPLIED TERMS

 

A Express terms Express terms are set out and stipulated expressly in the contract. For example: A condition is an essential term of the contract. If a condition is not performed, it may constitute a substantial breach of contract and allow the other party to repudiate the contract, that is, treat the contract as discharged or terminated. It may also give rise to a claim for damages. If all the conditions are performed, the contract is performed. B Implied terms Implied terms are not made express within the contract but may be implied into the contract in the following ways: • by custom – a term can only be implied into a contract by custom if there is no express term to the contrary. These may be terms which are customary in the market in which the contract is made or have been in previous dealings between the parties.   EXERCISES 34.1 Replace the underlined words and phrases in the written contract term below with alternative words and phrases from A opposite. Use each word or phrase only once. There is more than one possibility for one of the answers 8.1 (1) In the situation that the Goods have been manufactured by the Seller and are found to be (2) broken or imperfect, the Seller shall (3) mend, or (4) if it chooses to do so, (5) substitute defective Goods free of charge (6) in less than 2 years from the (7) time the goods are received (8) depending on the following (9) terms: 34.2 Complete the definitions. Look at A opposite to help you. There is more than one possibility for one of the answers. 1. ______________ ______________ ______________ - breaking a contractual condition 2. ______________ ______________ ______________ - refuse to carry out obligations under a contract because the other party has not kept to the essential terms of the contract 34.3 Complete the table with the appropriate noun form of words taken from A opposite. Put a stress mark in front of the stressed syllable in each word. The first one has been done for you. 34.4 All of the verbs in the box above, except one, collocate with a contract or the contract. Which verb does not? Look at A to help you. Which noun does the odd one out collocate with? 34.5 A solicitor is talking to her assistant about a phone call with a client. Replace the underlined words and phrases with alternative words and phrases from A and B opposite.

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