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Level 3 Diploma in Law

Classification of Terms and Implied Terms

LAW302 · Principles of Contract Law — Week 4 of 16

CourseLAW302
Week4 of 16
SemesterI
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This week’s topics

Classification of Terms and Implied Terms

  1. Distinction between conditions and warranties
  2. The development and application of innominate terms
  3. Terms implied in common law by custom and trade usage
  4. The business efficacy and officious bystander tests
  5. Contractual terms - conditions, warranties and innominate terms. www.e-lawresources.co.uk
  6. Contract Law - terms implied at common law www.e-lawresources.co.uk
  7. The Officious Bystander Test | Contract Law

What you will be able to do

  • 2.4 Explain contract conditions, warranties and innominate terms.
  • 2.5 Explore how terms may be implied in common law.

Activity

Start with this week’s 3 videos, then: Seminar, guided reading and a short written task: explain contract conditions, warranties and innominate terms.

Study materials

Videos

  • Contractual terms - conditions, warranties and innominate terms. www.e-lawresources.co.uk · YouTube · e-lawresources · 5 min · for registered students
  • Contract Law - terms implied at common law www.e-lawresources.co.uk · YouTube · e-lawresources · 6 min · for registered students
  • The Officious Bystander Test | Contract Law · YouTube · The Law Academy · 6 min · for registered students

Further resources

  • Sale of Goods Act 1979 · Reading · legislation.gov.uk, legislation · for registered students
  • Employment contracts (GOV.UK) · Reading · GOV.UK, guidance · for registered students
Materials marked “for registered students” open in the student portal, which is set up as soon as you receive final acceptance.
Course chat

Admitted students ask questions on this week’s page in the student portal: an AI assistant trained on the course answers first, and during the course’s timetabled classes Connect to your tutor brings your tutor into the chat, who may start a call if needed.

Open this week in the portal
Course plan
  • Week 1: Formation of Contract: Offer and Acceptance
  • Week 2: Enforceability: Legal Intent and Enforcing Agreements
  • Week 3: Contractual Terms: Representations and Express Terms
  • Week 4: Classification of Terms and Implied Terms
  • Week 5: Exclusion Clauses and Statutory Controls
  • Week 6: Vitiating Factors: Misrepresentation and Mistake
  • Week 7: Vitiating Factors: Capacity, Illegality, Duress, and Undue …
  • Midterm: Midterm evaluation
  • Week 9: Discharge of Contract
  • Week 10: Breach of Contract
  • Week 11: Remedies for Breach of Contract
  • Week 12: Applying Principles of Contract Law in practice: case studi…
  • Week 13: Assignment workshop: research, planning and referencing
  • Week 14: Assignment workshop: drafting, feedback and improvement
  • Week 15: Review and coursework completion
  • Final: Final assessment and submission
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