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

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Introduction

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.

Middle

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.

Conclusion

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.

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