Where a party to a contract claims there has been a breach of contract but there is no express term that covers the complaint, it may be possible to argue that a relevant term is implied in the contract. This lecture explains how terms may be implied by statute, trade custom, or at common law. Consideration is first given to statutory implied terms under the Consumer Rights Act 2015, the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The principles by which terms may be implied by trade custom is next described Finally terms implied by the courts at common law are discussed and the distinction between terms implied ‘in fact and terms applied ‘in law’ is explained.
Lecturer: Gianni Vuolo
Duration: 25 minutes (approx)