- Dedication
- New to edition
- Preface
- Guide to the online resources
- Table of cases
- Table of legislation
- Table of statutory instruments
- Table of EU legislation
- Table of international treaties and conventions
- Table of codes of practice
- Part 1 Introduction
- 1. Studying Law
- Part 2 The English legal system
- 2. Law, the Constitution, EU Membership, and Human Rights
- 3. Sources of Law, Statutory Interpretation, and the Legislative Process
- 4. The Court Structure and Alternative Forms of Dispute Resolution
- Part 3 Contractual obligations
- 5. Essential Features of a Valid Contract 1: Offer and Acceptance
- 6. Essential Features of a Valid Contract 2: Consideration, Intention to Create Legal Relations, and Certainty of Terms
- 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress
- 8. Contractual Terms
- 9. Statutory Regulation of Contracts
- 10. Discharge of Contract and Remedies for Breach
- Part 4 Tortious liability
- 11. Negligence and Nuisance
- 12. Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury
- 13. Vicarious Liability and Statutory Duties
- Part 5 Company law
- 14. Trading Structures and Forming the Business Enterprise
- 15. Corporate Administration
- 16. Maintenance of Finance and Capital
- 17. Corporate Management
- Part 6 Agency law
- 18. Agency
- Part 7 Employment
- 19. Employment Status and the Terms Forming the Contract
- 20. Dismissal at Common Law; Redundancy and the Transfer of Undertakings
- 21. Unfair Dismissal and Constructive Dismissal
- 22. Equality in the Workplace and Parental Rights
- 23. Regulation of the Conditions of Employment
- Part 8 Intellectual property
- 24. Intellectual Property
- Glossary
- Index
(p. 172) 8. Contractual Terms
- Chapter:
- (p. 172) 8. Contractual Terms
- Author(s):
James Marson
and Katy Ferris
- DOI:
- 10.1093/he/9780198766285.003.0008
This chapter focuses on the terms or details of a contractual agreement, and considers the implications of what the parties intend to include in the agreement, what they did not mean to be included in the contract, and what significance different terms may have in the contract. It distinguishes between the terms of a contract and representations, and considers whether, when a term has been identified as such, it is a ‘condition’ or a ‘warranty’. The chapter then studies how terms are implied into the contract and how this affects terms that have been expressed. It concludes by examining how parties may seek to exclude or limit a legal responsibility through the incorporation of an exclusion clause.
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- Dedication
- New to edition
- Preface
- Guide to the online resources
- Table of cases
- Table of legislation
- Table of statutory instruments
- Table of EU legislation
- Table of international treaties and conventions
- Table of codes of practice
- Part 1 Introduction
- 1. Studying Law
- Part 2 The English legal system
- 2. Law, the Constitution, EU Membership, and Human Rights
- 3. Sources of Law, Statutory Interpretation, and the Legislative Process
- 4. The Court Structure and Alternative Forms of Dispute Resolution
- Part 3 Contractual obligations
- 5. Essential Features of a Valid Contract 1: Offer and Acceptance
- 6. Essential Features of a Valid Contract 2: Consideration, Intention to Create Legal Relations, and Certainty of Terms
- 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress
- 8. Contractual Terms
- 9. Statutory Regulation of Contracts
- 10. Discharge of Contract and Remedies for Breach
- Part 4 Tortious liability
- 11. Negligence and Nuisance
- 12. Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury
- 13. Vicarious Liability and Statutory Duties
- Part 5 Company law
- 14. Trading Structures and Forming the Business Enterprise
- 15. Corporate Administration
- 16. Maintenance of Finance and Capital
- 17. Corporate Management
- Part 6 Agency law
- 18. Agency
- Part 7 Employment
- 19. Employment Status and the Terms Forming the Contract
- 20. Dismissal at Common Law; Redundancy and the Transfer of Undertakings
- 21. Unfair Dismissal and Constructive Dismissal
- 22. Equality in the Workplace and Parental Rights
- 23. Regulation of the Conditions of Employment
- Part 8 Intellectual property
- 24. Intellectual Property
- Glossary
- Index