Express and Implied Terms

  • Wilmot-Smith F
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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.

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APA

Wilmot-Smith, F. (2023). Express and Implied Terms. Oxford Journal of Legal Studies, 43(1), 54–75. https://doi.org/10.1093/ojls/gqac023

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