I am a farmer in the North of England. I have recently acquired some land for farming from a farmer who retired last month. I got a call from his Solicitor who managed the sale of the land to myself. In the telephone call the Solicitor said that I should be aware that implied terms will apply to the contract for sale of the farm land.
I have no idea what implied terms are. I cannot afford a Solicitor, so he was the only Solicitor involved in the deal. I am worried that I may be getting the short end of the straw. I would appreciate your legal advice and explanation of what implied terms are and also how they apply to my current situation and purchase?
Thanks in advance
The Answer from Solicitors Online
What are implied terms?
Implied terms are terms that make up a legal contract. These terms do not need to be expressly stated as being part of the contract in writing or verbally, but will apply to the contract as a result of being made part of the contract by a Court decision, by customs of what is normally done or by the laws of the United Kingdom.
Implied terms by the Courts
Terms implied by an English Court of law, are terms that the Court believes are necessary in order to give an individual contract business efficacy. They are also known as terms implied by fact.
These terms normally applied as a result of a contract dispute that has ended up in Court and the judgment of the Court states an implied term must be part of the contract for the contract to be workable.
Implied terms by custom
Implied terms can come about because of local customs. For example a local custom in some parts of the country is that in the leased farms an outgoing tenant is entitled to compensation for crops that had been sown but not harvested.
Even though the lease makes no mention of this, this term can be implied on the lease, because it is part of the local custom of farmers in certain areas. Therefore implied terms can be implied according to the customs of a particular trade or location.
Implied terms by law
Implied terms are terms that are placed on a contract, because they are part of the law of the UK, even though the contract does not make mention of them, since they are laws of the UK, they still apply to the contract.
A conditional acceptance of an offer is not a valid acceptance under contract law.
The Sales of Goods Act 1979, amended by the Sales of Goods Act 1994 and the Sale and Supply of Goods Consumer Regulations 2002 place implied terms on the sales of goods in the UK.
Section 12 of the Sales of Goods Act 1979 states as an implied term, in any sale of goods there are implied warranties for a seller to allow a buyer to enjoy undisturbed possession of a good he has rightfully purchased.
Section 13 of the Sales of Goods Act 1979 states that an implied term of the sale of goods in the UK is that the goods must match their description.
In a contract for the supply of a service where the supplier is acting in the course of a business there is an implied term that the supplier will carry out the service with reasonable care and skill.
Section 14 of the Sales of Goods Act 1979 states that where goods are sold in business, there is an implied term that the goods are reasonably fit for the purpose which they are required. The goods must be of satisfactory quality. Good must meet the standard that a reasonable person would regard as satisfactory, taking into account any description of the goods, price and any other relevant circumstances.
If you need legal advice on the implied terms in contract law, you can get legal advice online from our Solicitors online right now.