Our intended topic will give an insight on how complicated terms of contract can get if they
are not written down, as it is nearly impossible for the contracts to be given effect to if there
are complication with the obligations of parties involved.
1) Choose topic
Express, Implied and Tacit terms
Expressed terms are terms specifically agreed upon by the parties and are either articulated in
an oral contract or written down. Implied terms are those terms which are not explicitly
agreed upon by the parties, but which nevertheless form part of the contract. A Tacit term is
one that the parties did not specifically agree upon, but which both or all of them expected to
form part of their (oral or written) agreement.
2) What do you hope to find/ why did you choose the topic?
These terms of contracts are quite complicated, and they will cause questions, in law
contracts should not be implied and not be conducted verbally because that is problematic
because people might not be aware that they are in contracts and not interpret their verbal
agreements the same way which then leads to conflicts. A better solution would be that they
be written down and signed by the individuals entering into agreements so that when a
dispute arises, they can claim on what is written down. Reference to the following cases will
be made, Alfred McAlpine & Son (Pty) Ltd v Transvaal Provincial Administration and
Starways Trading v Pearl Island Trading.
3) What is the current stance in the law of contract?
All terms of contracts are recognized in contracts they can be made verbally, implied and
those that are written down. Even though the law of contract still places contracts that are
contracts that are implied enforceable. Regarding the above-mentioned expressed, tacit, or
implied term principle derived from Common Law, the courts are undoubtedly obligated to
keep the provisions, principles, and values of the Constitution in mind when interpreting any
tacit or implied term in an agreement, as the Constitution places an obligation on the courts to
develop the Common Law to coincide with the constitutional values.
4) Recommendation
are not written down, as it is nearly impossible for the contracts to be given effect to if there
are complication with the obligations of parties involved.
1) Choose topic
Express, Implied and Tacit terms
Expressed terms are terms specifically agreed upon by the parties and are either articulated in
an oral contract or written down. Implied terms are those terms which are not explicitly
agreed upon by the parties, but which nevertheless form part of the contract. A Tacit term is
one that the parties did not specifically agree upon, but which both or all of them expected to
form part of their (oral or written) agreement.
2) What do you hope to find/ why did you choose the topic?
These terms of contracts are quite complicated, and they will cause questions, in law
contracts should not be implied and not be conducted verbally because that is problematic
because people might not be aware that they are in contracts and not interpret their verbal
agreements the same way which then leads to conflicts. A better solution would be that they
be written down and signed by the individuals entering into agreements so that when a
dispute arises, they can claim on what is written down. Reference to the following cases will
be made, Alfred McAlpine & Son (Pty) Ltd v Transvaal Provincial Administration and
Starways Trading v Pearl Island Trading.
3) What is the current stance in the law of contract?
All terms of contracts are recognized in contracts they can be made verbally, implied and
those that are written down. Even though the law of contract still places contracts that are
contracts that are implied enforceable. Regarding the above-mentioned expressed, tacit, or
implied term principle derived from Common Law, the courts are undoubtedly obligated to
keep the provisions, principles, and values of the Constitution in mind when interpreting any
tacit or implied term in an agreement, as the Constitution places an obligation on the courts to
develop the Common Law to coincide with the constitutional values.
4) Recommendation
