Statutorily Implied Terms

An example of a statutorily implied term is section 13 of the Supply of Goods and Services Act 1982 which states that there is an implied term in all contracts made by service providers (and a letting agent is a service provider). It states that the supplier will carry out the service with reasonable care and skill. What constitutes reasonable care and skill will be specific to the facts of the matter and the standards of a particular industry.

An example of a statutorily implied term is section 13 of the Supply of Goods and Services Act 1982 which states that there is an implied term in all contracts made by service providers (and a letting agent is a service provider). It states that the supplier will carry out the service with reasonable care and skill. What constitutes reasonable care and skill will be specific to the facts of the matter and the standards of a particular industry. An obvious example would be a letting agent putting a tenant into a property without references. This would constitute not carrying out their function with ‘reasonable care and skill’.

Very often implied terms at common law are deemed to be simply those implied by common sense to give an arrangement business efficacy.