USE OF IMPLIED TERMS BY STATUTE LAW COMMON LAW OR SURROUNDING FACTS
An express contract is when the parties have directly stated its terms at the time the contract was formed. The terms will be precise and certain. ... A good example of a contract which has express terms is suppose they are two people Eric an Jasper. ... Many a time people reach an agreement even though they would have not expressly stated the terms of that contract hence in such a case when a problem arises, terms would be implied into the contract by either statute law, common law or from the surrounding facts and circumstances. Implied terms are not expressed terms but the court may imply them because the court would either believe that the parties would have agreed to them if they had put their mind to them or for business efficiency or on the basis of custom or trade usage.