Implied Terms

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 i...

Full description

Saved in:
Bibliographic Details
Published inProfessional Practice for Architects and Project Managers pp. 205 - 206
Format Book Chapter
LanguageEnglish
Published Chichester, UK John Wiley & Sons, Ltd 07.01.2020
Subjects
architects
contract
contractors
employers
implied terms
Online AccessGet full text
ISBN9781119540076
1119540070
DOI10.1002/9781119540106.ch62

Cover

More Information
Summary: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.
ISBN:9781119540076
1119540070
DOI:10.1002/9781119540106.ch62