Express terms can be referred to as terms that have been specifically inserted by request and agreed to by both parties

upon establishment of a contract. They can either be oral or in writing or both. A representation can be referred to as a presentation of facts or reasons either communicated orally or implied by conduct to persuade a particular course of action, such as the signing of a contract. Sometimes a representation can be mistaken for an express term, so there are methods to distinguish them:

Whether the maker of the statement possessed special skills or knowledge as compared to the other contracting party. If an expert in a subject matter made a statement it is more likely to be considered as a term than if someone else said it. The importance of the statement. If one party obviously relied on what was said to enter into a contract such that without that statement there would be no contract, it is more likely to be considered a term. Whether the statement was reduced to writing after it was made. If the written contract included the particular statement then it can be assumed that it was intended to be a term. The stage at which the statement was made. If the statement immediately preceded the establishment of the contract, it is more likely to be considered a term.

The stage at which the statement was made. Case Law Routledge v Mc Kay(1954). Whether the maker of the statement possessed special skills or knowledge as compared to the other contracting party. Case Law Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd (1965). The importance of the statement. Case Law Couchman v Hill (1947). Whether the statement was reduced to writing after it was made. Case Law Birch v Paramount Estates Ltd (1956).

There are three ways in which terms can be implied in a contract: By custom Terms can be implied into a contract if it is regularly used or is a custom of the contracting parties. The custom must be generally accepted within the relevant business industry and also well known. Case Law - Smith v. Wilson (1832). By statute Terms can be implied into a contract when it implied that: The seller has the legal right to sell the goods.

The goods that are sold are of adequate quality. The goods sold are reasonably suitable for the purpose they were bought. Where goods are sold by sample they suitably correspond with the sample. Law - Sale of Goods Act 1979 s. 14(2) and Unfair Contract Terms Act (1977) By the Court Terms can be implied into a contract because it has been implied in fact or law. Terms implied in fact are those that are evident and necessary. Case Law - Trollope and Colls Ltd. v North West Regional Hospital Board (1973). Terms implied in law are those that can be included because of the contracting parties relationship. Case Law (Spring v. Guardian Assurance plc (1994).