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Chapter 2
Express terms
These terms are the elements of a contract which have been specifically agreed.
They can be written, oral or a combination of the two.
Such terms are specifically inserted into the contract by either or both parties.
They must be clear for them to be enforceable.
Illustration 16 – The terms of the contract
SCAMMELL v OUSTON 1941
Facts:
An agreement provided for the balance of the price to be paid ....`on hire
purchase terms over a period of two years’….
Held:
The words ‘hire purchase terms’ were considered too imprecise as the seller had
a range of such terms.
Implied terms
These are terms which are not expressly included but are still part of the contract.
They can be implied in the following situations:
Terms implied due to the type of contract
The courts will imply certain terms to certain types of contract because they are felt to
be an implicit requirement of that type of contract.
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