Search results
Results from the WOW.Com Content Network
A term may either be expressed or implied. An express term is stated by the parties during negotiation or written in a contractual document. Implied terms are not stated but nevertheless form a provision of the contract.
Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law.
The cause of a contract is the reason that determines each of the parties to enter into the contract, and does not need to be explicitly expressed in the contract. [179] The object of a contract is the juridical operation (i.e. exchange of one or more legal rights) contemplated by the parties at the time of the contract's formation. [180]
whether terms are implied into the contract; what controls are placed on unfair terms; The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract.
Quantum meruit is the measure of damages where an express contract is mutually modified by the implied agreement of the parties, or not completed. While there is often confusion between the concept of quantum meruit and that of "unjust enrichment" of one party at the expense of another, the two concepts are distinct.
Part 4 – The Terms of Contract Chapter 12 – Express Terms, Chapter 13 – Implied Terms, Chapter 14 – Exemption Clauses, Chapter 15 – Unfair Terms in Consumer Contracts; Part 5 – Illegality and Public Policy: Chapter 16 – Illegality and Public Policy; Part 6 – Joint Obligations, Third Parties, and Assignment
Under the implied contract exception, an employer may not fire an employee "when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists." [27] Proving the terms of an implied contract is often difficult, and the burden of proof is on the fired ...
(b) special or express assumpsit, founded on an express promise. [1] [11] Where a plaintiff brought assumpsit in lieu of debt sur contract, it was necessary for the plaintiff to specify how the antecedent debt had arisen. It was insufficient for the plaintiff to merely allege that, being indebted, the defendant promised to pay.