• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

How statutes affect contractual terms and the meaning of the terms in a contract.

Extracts from this document...


Introduction In this I am going to describe the how statutes affect contractual terms and the meaning of the terms in a contract. Implied terms * The form part of the contract, express terms must be incorporated into the contract * If the contract is written then this presents no problem since the terms are in written form * Where the contract is oral, a number of factors can be taken into account in determining whether or not representations have been less incorporated. Generally, the parties to a contract will be deemed to have included all of the various obligations by which they intend to be as express terms of the contract. There are, however, occasions when terms will be implied into a contract , even though they do not appear in a written agreement or in the oral negotiations that have taken place leading up to the contract. ...read more.


Terms implied by fact Where terms are implied by fact, this is usually as a result of decisions in individual court cases. The courts have implied terms by fact in a variety of different circumstances. Terms implied by law- by statute In the 19th century the law of contract was most commonly governed. The law was very much concerned with the process of contracting and little attention was paid to the fact that in many circumstances one party to the contract was in a significantly interior bargaining position to the party. Early statutes such as the Sale of Goods Act 1893 did attempt to redress this imbalance. In late half of the 20th century there has been much more awareness of the needs of consumers, employees and others in contractual relationships. ...read more.


Such terms can be particularly harsh on the party subject to them and they often highlight the inequality of bargaining that can exist between different parties notably provides of goods and services and consumers. Even where statute intervened to create protections for the consumer, as in the Sale of Goods Act 1893, the sellers' superior position was generally preserved. Although s55 of the 1893 Act allowed sellers to exclude liability for breaches of the implied conditions in the Act . As a result, judges gradually developed rules to prevent sellers having an unfettered discretion to avoid liability for their contractual breaches. More recently, a general trend towards consumer protection has seen the introduction of more effective statutory controls and the UK has also had to implement controls created in European law. Judicial controls, though, are still effective in limitations the use of exclusion clauses. ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. The Law Relating to Negotiable Instruments

    Where a check is crossed generally or specially, the holder- may add the words 'not negotiable'. (iv) Where a check is crossed specially, the- banker to whom it is crossed -may again cross it especially to another banker as his agent for collection.

  2. Civil Obligations - Agreements

    This suggests quasi-contractual liability meaning he must pay, not because he has contracted to do so, but because the law requires him to recompense the seller for a benefit conferred and accepted. Some dicta support this view while others treat the minor's liability as contractual.

  1. Using actual situations describe the elements of actus

    occupants of the house and, without retreating, kill an assailant if necessary to repel the attack. Obscenity Laws, legal restrictions on the publication of words or other material on the grounds that they are too indecent to be acceptable to society.

  2. Irish cases which discuss the meaning of intention

    Lord Hailsham adopted the definition of intention laid down by Asquith L.J. in the civil case of Cunliffe v Goodman: "An 'intention', to my mind, connotes a state of affairs which the party 'intending'...does more than merely contemplate. It connotes a state of affairs which, on the contrary, he decides,

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work