Express and Implied Terms ( Contracts) #contracts #shorts

Frederick Wilmot-Smith,

Express and Implied Terms

“Abstract
#Contract terms can be express or implied. But what does that mean? I argue that the distinction can be illuminated by reference to the philosophy of language. Express terms are best understood by reference to the truth-conditional content of the parties’ agreement; implied terms are derived from express terms by a process of reasoning, albeit one aimed at establishing the parties’ commitments.”

Oxford Journal of Legal Studies, 2022;

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