| 释义 |
implied term
A provision of a contract not agreed to by the parties in words but either regarded by the courts as necessary to give effect to their presumed intentions or introduced into the contract by statute (as in the case of contracts for the sale of goods; see caveat emptor) or through custom, trade usages, or course of dealing (Hutton v Warren [1836] EWHC Exch J61). An implied term may constitute either a condition of the contract or a warranty; if it is introduced by statute it often cannot be expressly excluded. Compare express term. |