Express terms

Express terms. A contract such as a charter is entered into with a clear intention to create legal relations between the parties. However, what has actually been agreed may not always be clear.

All the details may or may not be incorporated into the printed and typed document evidencing that a contract exists. If they are in writing they are named “express terms”. If they are not but arise because of the negotiations or because of legislation or because they would be necessary to give business effectiveness to a contract, they are named “implied terms”. In a formal contract such as a charterparty it is more likely that the terms are in writing. “Writing” includes telex and messages, which originate during the negotiation for the charter.


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