Sources of terms

In this lesson

1. 0:00 Sources of contract terms explained
2. 0:46 Express terms and enforcement requirements
3. 1:10 Implied terms by law and protection
4. 2:00 Court-implied terms for contract efficacy
5. 3:26 Three sources of implied terms
6. 4:27 Statutory rights under consumer law
7. 5:55 Consumer protection remedies and timeframes

About this lesson

You'll explore express terms (what the parties explicitly agree), implied terms (protections added by law, custom, or courts), and why this distinction matters in real disputes. The video walks you through key cases and statutory rights, showing you how judges decide what's enforceable when contracts are silent or ambiguous. Express terms must be unambiguous and intended by both parties to be enforceable — vague language like "quality" won't hold up in court. They typically override implied terms when there's a conflict. Implied terms come from three sources: statute (like the Consumer Rights Act, which guarantees goods are of satisfactory quality and fit for purpose), custom (established trade practices between parties), and the courts themselves (when judges add terms necessary to make a contract work, called business efficacy). Understanding statutory rights matters in practice. When you buy goods, you automatically get protections — satisfactory quality, fitness for purpose, the right to a refund within 30 days, repair or replacement within six months, and compensation if items fail within a reasonable time. Retailers often advertise these as benefits, but they're actually legal requirements already implied into every consumer contract. This lesson equips you to spot when terms are missing, ambiguous, or being misrepresented — skills you'll need in both exam questions and professional practice.

Duration: 7m