Express terms are those that have been specifically mentioned and agreed upon by the parties, either orally or in writing, at the time the contract is made. 'Contract particulars' (such as price, quantity, and delivery dates) and the 'terms and conditions' document are the core, explicitly stated components of the agreement.

Conversely, terms can also be implied into a contract. 'Legislation' (statute) and 'custom and practice' are primary sources of implied terms. These are not explicitly stated by the parties but are read into the contract by the courts or by law to reflect legal requirements or established industry norms.

1. Legislation: This is a source of implied terms (e.g., the Sale of Goods Act 1979 implies terms about quality), not terms expressly agreed by the parties.

2. Custom and practice: This is a source of implied terms, where provisions are assumed to be part of the contract due to established norms within a specific trade or industry.

1. CIPS. (2018). Commercial Contracting L4M3 Study Guide. Profex Publishing. Page 54

Section 2.3

"The contents of a contract

" distinguishes between express and implied terms. It states

"Express terms are those which are specifically agreed by the parties to the contract... Implied terms are those which are not expressly included in the contract but are ‘read into’ it by the courts or by statute."

2. McKendrick

E. (2020). Contract Law: Text

Cases

and Materials (9th ed.). Oxford University Press. Chapter 9

"What is in the Contract?"

Section 1

"Express Terms

" clarifies that express terms are the explicit promises made by the parties. Section 2

"Implied Terms

" details how terms are implied by courts

by custom

and by statute (legislation).

3. University of London. (2022). Contract law Study Guide (LA1040). Chapter 6

"The content of the contract and the principles of interpretation

" pp. 101-108. This guide explicitly separates express terms

which are "agreed between the parties themselves

" from implied terms

which are inserted by the courts or by statute. It lists "Terms implied by custom" and "Terms implied by statute" as categories of implied terms.