Express and implied terms | Practical Law

Express and implied terms | Practical Law

This note outlines the distinction between express and implied terms in contracts. It explains when terms may be implied into a contract, including where implied by statute, by law, based on trade usage, custom or where implied in fact, to give effect to the parties' intentions. It covers common examples of terms that may be implied and how implied terms may be excluded.

Express and implied terms

Practical Law ANZ Practice Note w-018-4037 (Approx. 11 pages)

Express and implied terms

by Practical Law New Zealand
Law stated as at 14 Dec 2022New Zealand
This note outlines the distinction between express and implied terms in contracts. It explains when terms may be implied into a contract, including where implied by statute, by law, based on trade usage, custom or where implied in fact, to give effect to the parties' intentions. It covers common examples of terms that may be implied and how implied terms may be excluded.