The first step to answering this question is to define what is meant by "express" and "implied" terms in the context of a contract. A contract contains a number of terms which, in effect, are the obligations of the contract. Express terms are statements actually made by one of the parties, either in writing or orally. They do not always make up the whole contract and there may be other terms which can be implied …
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showed last 75 words of 970 total
…at all been negligent. This absolute form relating to Sale of Goods Act can be applied to contracts other than for the sale of goods, eg, those for hire and those for repair, when the contractor is said to be under "strict liability". Where the implied term has developed independently of Sale Of Goods Act it takes a qualified form, for example, a carrier of passengers is not absolutely liable, he has only "negligence liability".