- 6 Marks
Question
The terms of a contract may be express or implied.
Required:
State THREE ways by which a term may be read into a contract as if the parties had agreed to them.
Answer
- By statute: Certain terms are implied by legislation, such as the Sale of Goods Act, which may impose terms regarding quality or fitness of goods.
- By custom or usage: Terms that are so widely accepted in a particular industry or trade can be implied, especially when both parties are involved in that industry.
- By the courts: Courts may imply terms into a contract based on the necessity of the situation or the obvious intention of the parties, even if they were not expressly agreed upon.
- Tags: Contract Interpretation, Contracts, Express Terms, Implied Terms
- Level: Level 1
- Topic: Law of Contract
- Series: MAY 2017
- Uploader: Kwame Aikins