MCS 3040 Lecture Notes - Lecture 7: Condition Subsequent, Contract Clause, Browse Wrap

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Express terms terms of the contract that state or make explicit one party"s promise to another. Implied terms terms that are not expressly included in a contract but that are necessary to give effect to the parties" intention. If the contract has been drafted by one of the parties, any ambiguity in language will be construed against that party in favour of the other. Terms that are not expressly included in a contract but that are necessary to give effect to the parties" intention. A judge may imply terms in a contract to make the contract workable. Examples of implied terms: terms imposed for business efficacy to make the contract workable, customs in the trade of the transaction. Awarding one party a reasonable sum for the goods and services provided: under a contract where the contract was not completed. Or: where a price was not agreed upon but there was an implied promise to pay.

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