What happens if there is no written agreement of the contractual terms?

If a court or tribunal is required to determine the contractual terms between parties where there is no written agreement, it may imply a term based on the conduct of the parties, a custom in the workplace or in the industry as a whole, a custom implied at common law, or its belief that the parties would have agreed the term had it been put to them. Reliance on implied terms results in uncertainty and it is therefore advisable to put all the terms of the contract in writing.