Private Law Theory

ABSTRACT
Contract terms can be express or implied. But what does that mean? I argue that the distinction can be illuminated by reference to the philosophy of language. Express terms are best understood by reference to the truth-conditional content of the parties’ agreement; implied terms are derived from express terms by a process of reasoning, albeit one aimed at establishing the parties’ commitments.

Frederick Wilmot-Smith, Express and Implied Terms, Oxford Journal of Legal Studies, Volume 43, Issue 1, Spring 2023, pages 54-75. Published: 19 October 2022.