Business law Literature & Language Essay Research Paper (Essay Sample)
Terms of a contractsource..
College of Law and Justice
Business and Company Law
Semester 1, 2020 Assignment
Express and Implied terms of a contract
A contract is an expression by a party that they will be bound by what they promise. These promises set out the obligations of the parties. When disputes arise, the court will determine the intentions of the parties and the breach. Express terms can either be oral or in writing. The courts have developed rules on how to interpret these expressed terms. Implied terms in a contract can be divided into four groups: terms implied in fact; terms implied in law; terms implied by custom; and terms implied by trade usage (Elliott, Frances 2009}.
According to Elliott, Frances (2009) in oral statements the court adopts the following guidelines to identify the intentions of the parties; firstly, the court will analyze whether the statement was relied upon. Secondly, courts regard most of the statements made by an expert than a layperson. Thirdly, in general, the more time that elapses between the statement being made and the contract is concluded, the less likely the courts will regard the statement as a term. Fourthly, the court analyzes the written contract and any representation made before.
- Australia Literature & Language Essay Research PaperDescription: Australia the smallest mainland, and perhaps the biggest nation in the southern hemisphere on the planet has its coordinates place it somewhere between the Indian and Pacific oceans. The Australian mainland terrain stretches out for thousands of kilometers from the west of the Cape York Peninsula...5 pages/≈1375 words| 2 Sources | APA | Literature & Language | Essay |
- Product Value Literature & Language Essay ResearchDescription: My company is XYZ Ltd, and it deals with electronics, mainly flat-screen TVs. All the TVs are the latest models, and the prices range according to the sizes and brands. A customer has varieties of TVs to choose from based on his/her needs. TVs have a lot of values to the customers...1 page/≈275 words| 1 Source | APA | Literature & Language | Essay |
- Decline in Marijuana Arrests. Literature & Language EssayDescription: In the states that have legalized the use marijuana, the number of arrest and apprehension for marijuana law violators has declined. This decline has resulted in substantial savings which is approximated at hundreds of millions for law enforcement agencies and judiciary...1 page/≈275 words| 2 Sources | APA | Literature & Language | Essay |