Notes

a term which is not specifically agreed between parties is called but is introduced into the contract by statute or common law, etc is called an implied term. Good example is the sales of goods act 1979. It implies a number of terms into a contracts, such as:
S12: there is an implied term that in every contract of the sale of he goods, seller has he right to sell the goods and must transfer the good on the name of the customer (Rowland v Diwall)
S13: if the sale of the good is made by description, there is an implied term that good should correspond with description (Beale v Taylor)
S14: there is an implied condition, that ina sale made with the purpose of business, good should be of satisfactory quality, unless the imperfections and damages are brought into the customer's attention before the contract was made
S15: if the sale of the ood was made by sample, there is an implied term that good should correspond with the sample (Godley v Perry)