Express terms to a sale contract are the terms which are actually written in the contract. However, there are cases in which the law implies a term in the contract which is not written in the contract by the parties for their own personal reasons.
When a term is implied by the law, is usually depended upon the intentions of both parties as a collateral form of what they previously agreed. By law, the court has the right to imply a term on the contract if this arises from the language of the contract, and the surrounding circumstances under which it was entered into, an inference that both parties must deliberate the questioned stipulation.
Unless it is in all the circumstances equitable and sensible, a term should not be implied. However this does not suggest that a term will be implied just because in all the circumstances it will be sensible to do so or because it would improve the contract or make it more convenient to carry out. The criterion is always necessity and not merely reasonableness. The term to be implied must also be capable of being formulated with adequate clarity and precision.
To give an example of the above, when a contract of sale of a piece of land with a house on it, there is in no way any warranty as to the habitability of the house. On the other hand, when the vendor is selling a piece of land and the vendor is bound by contract to build a house on it, there is, at common law, an implied term that work should be done in a proffessional way, that the constraction company should use proper and quality materials and that the house should be appropriate for human habitation when finished.
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