Express Terms Contract Law Australia
When it comes to contracts in Australia, there are two types: express terms and implied terms. In this article, we will focus on express terms and their role in contract law in Australia.
What are express terms?
Express terms are terms that are explicitly stated and agreed upon by the parties in a contract. They can be in writing or oral, as long as they are clearly communicated and agreed upon. Express terms can cover a wide range of topics, such as payment arrangements, delivery dates, warranties, and termination conditions.
Why are express terms important?
Express terms are important because they provide clarity and certainty to the parties involved in a contract. By explicitly stating the terms of the agreement, all parties know what is expected of them and what they can expect in return. This can help prevent misunderstandings, disputes, and litigation.
What are the requirements for express terms?
For an express term to be valid and enforceable, it must meet certain requirements. These include:
1. Clarity: The term must be clear and unambiguous. It should be easily understood by all parties involved.
2. Consensus: The term must be agreed upon by all parties. This means that all parties must have a clear understanding of the term and must have consented to it.
3. Certainty: The term must be certain and definite. This means that it must be clear what is required of each party and what the consequences will be if the term is breached.
4. Incorporation: The term must be incorporated into the contract. This means that it must be included in the written agreement or, if oral, recorded in some way.
What happens if express terms are breached?
If an express term is breached, the innocent party may be entitled to a range of remedies. These may include damages, specific performance, or termination of the contract.
In conclusion, express terms are an important part of contract law in Australia. They provide clarity and certainty to the parties involved in a contract and help prevent misunderstandings, disputes, and litigation. To be valid and enforceable, express terms must meet certain requirements, including clarity, consensus, certainty, and incorporation. If an express term is breached, the innocent party may be entitled to a range of remedies.