Updating author: Olga Aikin

On this page:
Summary
Future developments
Practical example (1)
Practical example (2)
Action point checklist
Key references
Questions and answers
Express terms
Incorporated terms
Collective agreements
Handbooks
Schemes
Incorporating policies and procedures
Discretionary terms
Implied terms
Terms implied by the courts

Summary

4.205

• Express terms are the most important contract terms.  (See 4.207 Express terms)
• Terms may be incorporated from staff handbooks, collective agreements or schemes. (See 4.208 Incorporated terms)
• Collective agreements and handbooks are not normally incorporated into the contract unless this is express. (See 4.209 Collective agreements and 4.210 Handbooks)
• Discretionary terms are legally binding and need careful drafting. (See 4.213 Discretionary terms)
• Where there is no express term it may be possible to imply one. (See 4.214 Implied terms)
• Implied terms cannot override express terms. (See 4.214 Implied terms)
• Terms may be implied at common law or by legislation. (See 4.214 Implied terms and 4.215 Terms implied by the courts)

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Future developments

4.206 There are no future developments.

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Express terms

4.207 These are terms that have been agreed between the parties.