Implied Terms
The seller of goods and services must give certain implied terms. For goods these are satisfactory quality, fitness for purpose, conformity with sample or description and the right to sell the goods.
implied terms
Terms set out in legislation (q.v.) that are automatically part of a contract, without having to be stated in the contract document.
in lieu ...
"Arbitration is not a condition precedent to litigation in the absence of express or implied terms making arbitration a condition precedent. "
REFERENCES: ...
The Moorcock 14 P.D. 64 (1889): establishing the concept of implied terms in contract law.
Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256: establishing the test for formation of a contract.
Unfair contract terms are now excluded by legislation, and, in areas such as employment and the sale of goods, the law imports a wide range of implied terms into new and existing contracts.
 See also: Right, Law, Issue, State, Contra
  
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