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Terms are implied into contracts on many occasions by both statute and common law. To what extent is this done in an attempt to protect the consumer?
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Contract Law Homework Terms are implied into contracts on many occasions by both statute and common law. To what extent is this done in an attempt to protect the consumer? [50 marks] The terms of a contract describe the duties and obligations that arise under the agreement. Although a term has not been expressed by either party, it is nevertheless contained in the contract. Terms can be expressed or implied. Expressed terms may be expressed orally or in writing. A term may have been omitted by mistake, when both parties clearly intended it to apply. In such circumstances the courts can imply a term into a contract. A term may also be implied by custom, practice or trade usage; by statute, and by the courts in fact or in law. In this question it is necessary to focus on implied terms by statute and by the courts (common law). When a statute declares...
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