Card Set Information
Express and Implied terms
HUTTON V. WARREN (1836) 1 M&W 466
Courts may imply a term because of local custom or trade usage.
The Court cannot imply aterm like this if the contract has any provisions that contradict it.
Spurling v. Bradshaw  1 WLR 461 CA
Terms may be implied by a previous course of dealings between the parties.
Att. Gen for Belize v. Belize Telecom Ltd  2 ALL ER 1127
Courts can imply terms to reflect the presumed intentions of the parties.
Lord Hoffman emphasised that the court had no power to improve upon the contract or to introduce terms to make the contract more fair or reasonable.
Liverpool City Council v. Irwin and Another AC 239
Terms can be implied by the courts because of the type of contract.
In this case it was terms regarding responsibilities of landlords and tennants.
Sale of Goods Act 1979
Supply of Goods and Services Act 1982
These Acts cover contracts for the sale of goods and contracts for the supply of goods and services.
Both have been amended on a number of occasions, most recently by the Sale and Supply of Goods to Consumers Regulations 2002.
Section 8 Sale of Goods Act 1979
If there is no fixed price in a contract, or the price is not determinable, the buyer must pay a reasonable price. What is reasonable is a question of fact dependant on the circumstances