Jurisdiction(s):
United Kingdom

Key definition

Implied term definition

What does Implied term mean? An implied term is a contractual promise the law reads into an agreement, even though it is not written or said, so the contract works as intended or as required by statute. The expression is used across contract law and is shaped by legislation and case law rather than a single statutory definition. Implied terms arise in three main ways: - by statute (Sale of Goods Act 1979, Supply of Goods and Services Act 1982 and NI equivalents; Consumer Rights Act 2015; Ireland’s Sale of Goods and Supply of Services Act 1980 and Consumer Rights Act 2022); - by common law “in law”...

Precedent: pre-action letter of claim for breach of implied term or express warranty in B2B sale of goods (England and Wales)

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Precedents

[ TO BE PRINTED ON THE Claimant’S SOLICITORS’ HEADED PAPER ] Our ref: [ insert your file reference for this matter ] For the kind attention of [ RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ]

Dear [ insert name ]

RE [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]

LETTER OF CLAIM

[ Further to our letter of [ insert date of previous correspondence, if any ] ] . [ As you are aware, we OR We ] act for [ insert client’s full name ], whose address is [ insert full address ]. This constitutes our client’s letter of claim issued in line with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the 'Practice Direction'), and a copy is enclosed for your convenient reference. Please kindly note the closing part of this letter sets out the date by which your reply is required, and the ramifications of failing to respond properly within that timeframe. [ Your client should notify their insurer of this claim immediately ]...

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Web page updated on 22/05/2026

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