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20 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 30 Implied terms Implied terms are in a sense invisible terms and is thus one which is not written into the written contract spoken in the formation process of the oral contract nor written or spoken in the case of a contract which is partly written and partly oral It must be found outside the actual contract and read into the contract by implication At first sight it seems strange and somewhat alarming that parties to a contract might be bound by terms which they never agreed to But the idea of implying terms into a contract is well-established and serves a number of different purposes The courts will imply a term into a contract if they believe that the addition is necessary to make the contract truly reflect the intentions of the parties There are various types of implied terms ranging from an implied term argued for because the contract is simply silent about some important matter to those implied into certain types of contracts because legislation - usually consumer protection legislation - so provides In such cases where certain terms are implied into particular contracts as a result
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