• Express: specifically agreed
• Implied: not specifically agree but expected
Type of Term
There are two types of term in a contract; these are a conditionor a warranty.
A condition is a term at the heart of the contract and therefore if it is breached the innocent party has the right to end the contract and claim damages for any losses.
A warranty is a minor term in the contract that is it is not performed will cause loss but does not form part of the central agreement of the contract. The breach of a warranty will not end the contract but will give rise to a claim for damages.
An innominate term is a term in the contract that can be treated as either a condition or a warranty dependent upon the nature of the breach of that term.
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