Essays Terminology

Essays Terminology-42
The more important terms are called conditions and the less imprtant terms are called warranties.

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There are other contractual terms called implied terms and they are not expressly or explicitly stated because, in the main, they are fairly obvious to both parties to the contract of employment.

Occasionally the courts will imply a term in a contract of employment where an important term has been left out.

Express terms include such things like pay, hours and holidays.

For this the law states that certain express terms must be put in writing and handed over to the employee in the form of a written statement of particulars within two months of starting the work.

A contractual term can be defined as ‘Any provision forming part of a contract’.

Each term gives rise to a contractual obligation and breach of which can give rise to litigation.As we know that the rights and duties of both employers and employees are to be found in the contract of employment which are called terms of the contract.Some of these terms are express terms which means that they are expressly or specifically stated, either orally, say at the initial interview, or in writing form.For example, in every employment contract there is an implied term of mutual trust and confidence which supports the notion that workplace relations depend on partnership. It can also be explained that courts imply terms as a general rule. This applies whether they have read the terms and understood them or not.As contracts contains different types of terms, some are oral and some are written and some are more important than others.Disclaimer: This work has been submitted by a student.This is not an example of the work produced by our Law Essay Writing Service.Implied Terms: – Implied terms are the terms in which it has not been mentioned by either party that will nonethless be included in the contract, often because the contract does not make any commercial sense without that term. So, If an agreement is eventually put into writing form, then the statement is more likely to be a term of the contract.The general rule is that the party is bound by all the terms set out in a contractual document once they have signed it.


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