Express and Implied Terms

Resource type
Author/contributor
Title
Express and Implied Terms
Abstract
Contract terms can be express or implied. But what does that mean? I argue that the distinction can be illuminated by reference to the philosophy of language. Express terms are best understood by reference to the truth-conditional content of the parties’ agreement; implied terms are derived from express terms by a process of reasoning, albeit one aimed at establishing the parties’ commitments.
Publication
Oxford Journal of Legal Studies
Date
2023-01-01
Volume
43
Issue
1
Pages
54-75
Journal Abbr
Oxf J Leg Stud
Accessed
11/28/25, 2:39 AM
ISSN
0143-6503
Library Catalog
Silverchair
Citation
Wilmot-Smith, F. (2023). Express and Implied Terms. Oxford Journal of Legal Studies, 43(1), 54–75. https://doi.org/10.1093/ojls/gqac023