Terms
A term is any clause or provision in a contract. The two main issues which arise in relation to contractual terms are: what are the terms of the contract (identification) and what are their legal effects (construction).
Apart from the terms expressly agreed, by reason of what the parties have written or said, implied terms may also exist, to impose obligations on either or both of the parties or to qualify the terms of their bargain. Although some statements made before the contract was entered into may be intended to operate as terms, not all such statements operate as terms.
Read more about this topic: Australian Contract Law
Famous quotes containing the word terms:
“It must be a peace without victory.... Victory would mean peace forced upon the losers, a victor’s terms imposed upon the vanquished. It would be accepted in humiliation, under duress, at an intolerable sacrifice, and would leave a sting, a resentment, a bitter memory upon which the terms of peace would rest, not permanently, but only as upon quicksand.”
—Woodrow Wilson (1856–1924)
“One of the most highly valued functions of used parents these days is to be the villains of their children’s lives, the people the child blames for any shortcomings or disappointments. But if your identity comes from your parents’ failings, then you remain forever a member of the child generation, stuck and unable to move on to an adulthood in which you identify yourself in terms of what you do, not what has been done to you.”
—Frank Pittman (20th century)
“What had really caused the women’s movement was the additional years of human life. At the turn of the century women’s life expectancy was forty-six; now it was nearly eighty. Our groping sense that we couldn’t live all those years in terms of motherhood alone was “the problem that had no name.” Realizing that it was not some freakish personal fault but our common problem as women had enabled us to take the first steps to change our lives.”
—Betty Friedan (20th century)