A platform for research: civil engineering, architecture and urbanism
A platform for research: civil engineering, architecture and urbanism
There follows whatever the architect, employer or contractor thinks is a good idea. It is clear right from the start: the law will not imply a term into a contract just because it seems like a good idea or because it would be a reasonable thing to do. The clauses written in the contract (or stated if it is an oral contract) are called ‘express terms’. Some terms can and will be implied, but there are rules which it is useful to remember. A term may be implied if the following are satisfied. It must: be reasonable and equitable (‘equitable’ means ‘fair and just’) and be necessary to give commercial effectiveness to the contract or be so obvious it goes without saying and be clearly expressed and not contradict an express term of the contract.
There follows whatever the architect, employer or contractor thinks is a good idea. It is clear right from the start: the law will not imply a term into a contract just because it seems like a good idea or because it would be a reasonable thing to do. The clauses written in the contract (or stated if it is an oral contract) are called ‘express terms’. Some terms can and will be implied, but there are rules which it is useful to remember. A term may be implied if the following are satisfied. It must: be reasonable and equitable (‘equitable’ means ‘fair and just’) and be necessary to give commercial effectiveness to the contract or be so obvious it goes without saying and be clearly expressed and not contradict an express term of the contract.
Implied Terms
Chappell, David (author)
2020-01-07
2 pages
Article/Chapter (Book)
Electronic Resource
English
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