ABSTRACT

This chapter deals with the main issues of the content of a contractual agreement. It focuses upon the express and implied terms of the contract, how they can be identified, and how they are affected by both the common law, and also statute, for example the effect of the implied terms of the Consumer Rights Act 2015. Contractual agreements are constituted of terms. A contract, when negotiated between parties, will be the result of discussions, negotiations and statements made by both parties. A term of the contract is something that forms part of the contractual agreement. Contracts made by way of written documents will commonly be signed by both parties to indicate that they agree to the terms. If a term is inaccurate, the mere fact that it is a term allows an action for breach of contract. There are a few other general mechanisms by which terms can be argued to be part of a contract.