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Chapter

Cover Complete Contract Law

6. The Terms of the Contract  

This chapter focuses on the terms of the contract. Such terms can be expressed in writing or in oral statements. In addition, some terms can be implied into a contract by legislation or the courts. As a result, contracts can be in the form of a written document, an oral agreement, or even a combination of written terms and oral statements and all three can contain implied terms. The chapter then looks at how terms can be implied into contracts. It also explores the law on express terms. In the context of what has been agreed, there are two main types of dispute. One type of dispute relates to the existence of a term that a party claims has been breached. The other type of dispute over what has been agreed relates to the meaning of the terms. In such cases, the meaning of the disputed term will determine whether it has been breached. That requires the courts to interpret the term to reflect the parties’ apparent intentions.

Chapter

Cover Concentrate Questions and Answers Contract Law

4. Terms of the Contract  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter explores the terms of the contract. It contains questions and answers concerning express and implied terms, how terms are to be identified, and how they are to be classified in order to determine what consequences flow from their breach. The chapter also considers two key debates: the basis on which the courts imply terms into contracts, and whether the courts approach the classification of terms highlights a tension in the law between certainty and justice.

Chapter

Cover Employment Law

8. Implied terms  

This chapter looks at the terms which are implied into contracts of employment. Implied terms are those that are deemed to be present by a court despite never having been explicitly agreed or even discussed by the employer or employee. The chapter begins by setting out the different types of implied term, differentiating these from other types of terms, before going on to explore the major implied terms and their significance. It focuses in particular on the duty to maintain a relationship of mutual trust and confidence as this is the area in which the most significant legal developments have occurred. It then considers situations in which implied terms conflict with express terms, before discussing procedural issues in breach of contract cases.

Chapter

Cover Selwyn's Law of Employment

3. The Formation of a Contract of Employment  

This chapter discusses how an employment contract is formed, and it then looks at the terms and conditions of employment and how these terms are to be interpreted. The types of terms discussed include express terms, implied terms, statutory terms, collective agreements and how such collective terms are incorporated, and looks at custom as a source of employment terms and works and staff rules. The chapter also considers other aspects of the contract of employment such as disciplinary and grievance procedures, job descriptions, written particulars of the contract of employment, the right to itemised pay statements, variation of contractual terms, and an overview of occupational pension schemes.

Chapter

Cover Concentrate Questions and Answers Employment Law

3. Express and implied terms  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about express and implied terms. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of express and implied terms including the different sources of employment law, when terms of collective agreements may be incorporated into the contract of employment, the rules regarding custom and practice, and discussion of important implied terms such as the implied term of trust and confidence. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Cover Employment Law in Context

7. The Variation and Suspension of the Personal Employment Contract  

This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.

Chapter

Cover Essential Cases: Contract Law

Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Court of Appeal. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Court of Appeal. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Contract Law

10. Implied Terms  

This chapter discusses implied terms. Terms may be implied into contracts from three principal sources: statute, custom, and the courts. Parliament has, on a number of occasions, implied terms into contracts. The precise reason for the implication of the term depends upon the particular statute. It may be to give effect to the presumed intention of the parties; it may be to reduce uncertainty by enacting a default rule out of which the parties can contract if they do not like the term that Parliament has seen fit to imply; or it may be to protect one party to the transaction from the superior bargaining power of the other. Terms can also be implied into contracts by custom where the custom is certain, reasonable, and notorious. Customs and usages are an important source of obligations in commercial contracts. Terms implied by the courts can be divided into two groups, namely terms implied in fact and terms implied in law. A term is implied in fact when it is implied into the contract in order to give effect to what is deemed by the court to be the unexpressed intention of the parties and is implied because it is necessary to make the contract work. Terms implied in law ‘are those terms that are consistently implied into all contracts of a particular type because of the nature of the contract, rather than the supposed intentions of the parties’.

Chapter

Cover Employment Law in Context

5. The Nature and Content of the Personal Employment Contract  

This chapter examines the nature and content of the contract of employment. It explains how the contract of employment is primarily a repository for the rights and obligations of the employer and employee. It introduces the statutory duty of an employer to provide the employee with a statement of the main particulars of employment, and considers whether this statement is exhaustive of the terms and conditions of the contract of employment. In analysing the employment contract’s content, the chapter focuses on express terms, external documents incorporated into the contract of employment, imposed terms, and implied terms in fact.

Chapter

Cover Business Law Concentrate

4. Contract III: contractual terms and statutory protection  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses contractual terms and statutory protection. Parties to a contract may express terms and/or terms may be implied. The sources and effects of implied terms are essential to the rights of the parties and obligations imposed on them. Terms can be implied through the courts, through customs, and from statute. Terms are identified as conditions, warranties, or innominate and this distinction is relevant when identifying remedies for breach. Statutes regulate the rights and obligations applicable to consumers and traders. These include the Sale of Goods Act 1979, the Unfair Contract Terms Act 1977, and the substantial changes in contracts between consumers and traders introduced through the Consumer Rights Act 2015.

Chapter

Cover Contract Law Directions

5. Positive terms  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The terms of the contract give substance to the contractual parties’ obligations. They lay down what each party is expected to do in performance of his obligations, and so it is crucial in any dispute to first establish the terms of the contract before looking to see whether one party has failed to perform his obligations. This chapter focuses on the positive terms of the contract. The discussions cover terms and representations; collateral warranties; implied terms; and conditions, warranties and innominate terms and the significance of the remedies, including termination, attached to each.

Chapter

Cover Employment Law Concentrate

2. Contracts of employment  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.

Chapter

Cover Essential Cases: Contract Law

Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law

Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Contract Law Directions

5. Positive terms  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The terms of the contract give substance to the contractual parties’ obligations. They lay down what each party is expected to do in performance of his obligations, and so it is crucial in any dispute to first establish the terms of the contract before looking to see whether one party has failed to perform his obligations. This chapter focuses on the positive terms of the contract. The discussions cover terms and representations; collateral warranties; implied terms; and conditions, warranties and innominate terms and the significance of the remedies, including termination, attached to each.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

6. The Contents of the Contract  

M P Furmston

This chapter discusses the process of deciding what the contract is. This includes express and implied terms; the relative importance of contractual terms, the process of deciding what the contract mean; excluding and limiting terms; the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.

Book

Cover Contract Law

Mindy Chen-Wishart

Contract Law offers a new approach, utilising diagrams and commentary boxes to complement the text. The book explains the intricacies of contract law by reference to the questions that arise during the life of a contract. Part I of the book introduces contract law. Part II looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties who may benefit or be burdened by the contract. Part IV considers the reasons for allowing a party to escape the contract, namely the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V looks at how to determine the contents of contracts: express, implied, and collateral terms, and examines their interpretation and enforceability. Part VI considers the breach of a contract and the availability of the remedies of termination, damages, and specific and agreed remedies. Part VII examines whether obligations of good faith should be recognised in current contract law and how that might affect the way we understand contract law.