A term can never be implied, it must always be expressed by the parties

A term can never be implied, it must always be expressed by the parties
A . 1,3 and 4 only
B. 1, 2 and 3 only
C. 1, 2 and 4 only
D. 2, 3 and 4 only

View Answer

Answer: B

Explanation:

An implied term is a term which the courts imply into a contract because it has not been expressly included by the parties. This may be because the parties did not consider it, did not think that any problem would arise in relation to it or simply omitted to include it.

The courts are very reluctant to imply terms into contracts and will only do so in the following circumstances: