2.0 Overview Once a contract has been established between two parties, does not necessarily mean that its provisions are clear and beyond dispute. The parties may have differing views as to what was expressly agreed upon, and may encounter potential ambiguity and difficultly in coming to an understanding to the terms upon which they have agreed to. Furthermore, a contract may not simply consist of express terms either spoken, or in a signed written document, or in an unsigned written document. It may have been entered into against a background of custom or trade usage which the parties assumed would be implied into the contract. Therefore, the terms of a contract may be partly the result of express agreement and partly the result of implication. Implied terms, are in a sense, invisible terms, and is thus one which is not written in....

Number Of Pages: 9

Number Of Words: 2454

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