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Expressed and implied terms
Additional Information
Objective 1:Understand expressed and implied terms including the Consumer Rights Act 2015
• Express: specifically agreed
• Implied: not specifically agree but expected
Objective 2: Understand types of terms: Conditions, Warranties, innominate terms
Type of Term
There are two types of term in a contract; these are a conditionor a warranty.
CONDITION TERM
A condition is a term at the heart of the contract and therefore if it is breached the innocent party has the right to end the contract and claim damages for any losses.
WARRANTY TERM
A warranty is a minor term in the contract that is it is not performed will cause loss but does not form part of the central agreement of the contract. The breach of a warranty will not end the contract but will give rise to a claim for damages.
INNOMINATE TERM
An innominate term is a term in the contract that can be treated as either a condition or a warranty dependent upon the nature of the breach of that term.
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