Implied terms are obligations the law assumes are part of a contract even though they are not written in the agreement. In England, solicitors help identify which terms are implied by statute, by custom, or by the likelihood the parties intended certain protections, such as terms about quality, fitness for purpose, or reasonable care. A solicitor in this area drafts, reviews and negotiates contracts to ensure these implied obligations are accurately reflected and can advise on breach and remedies, including damages or termination. They also advise on how exclusion or limitation clauses interact with implied terms and manage any disputes through negotiation, mediation, or litigation.
What a solicitor handles in these matters
Implied terms arise from statute (for example the Sale of Goods Act 1979 and the Consumer Rights Act 2015), common law principles, or the presumed intentions of the parties. The solicitor identifies which terms are implied, determines potential breaches, and advises on remedies, such as damages, specific performance, or contract termination. They draft or revise clauses to reflect implied obligations, review contract formation processes, and guide negotiations to avoid disputes later.
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