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(p. 158) 7. The terms of the contract 

(p. 158) 7. The terms of the contract
(p. 158) 7. The terms of the contract

Lee Roach

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date: 23 April 2021

This chapter focuses on the actual content or terms of a contract. It discusses the two main classifications of contractual terms, namely express and implied terms, and considers the courts’ approach in the determining when terms should be implied into a contract. It explains that express terms are those specifically agreed upon by the parties while implied terms are those that may be implied by the court, statute, or custom. This chapter also explains how some implied terms can be excluded via an express provision and discusses the parol evidence rule, collateral contract, and entire agreement clause. The chapter concludes by looking at the principles established by the courts when interpreting contractual provisions.

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