What is the difference between explicit and implied terms?

Answer 1

An Implied Condition is a condition that does not appear on the contract but are Implied. e.g Implied conditions imply that both the insured and insurer have good faith in the making of a contract, that the insured has insurable intrest in the subject matter of insurance, that subject matter of insurance is in place at the time the policy is affected.Express Conditions are those which are expressed or set forth in the policy.

Answer 2

Explicit or express terms are terms which are actually set out in the agreement.

Implicit or implied terms are terms which are not set out, but are implied into the agreement, either because:

1. a statute provides for such implied terms (for example, in many countries contracts for sale of goods include an implied term that the goods will be fit for purpose)
2. it is implied by a course of dealings between the parties
3. it is necessary to give the contract "business efficacy"

The last is usually the most controversial. The usual rule is the courts will not make the parties' bargains for them, and so if they forgot to include a term, that is their problem. However, where a contract clearly makes no commercial sense without implying a term into it, then the courts are usually prepared to do so.

Answer 3

Express contracts means terms of the agreement are in writing. And it is a contractual term specifically stated to be part of the contract.

Implied contract means the duties and obligation of both parties are not expressed but are implied by their acts or conducts. Both indicate by their conduct that they have a mutual agreement and need not express the agreement in words

Improved Answer:An express contract is a contract in which the terms of the agreement are stated in words, (oral or written) while an implied-in-fact contract is a contract formed in whole or in part from the conduct of the parties.

from Jay CCHS Class of 2013 (: