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Express terms
The express terms of a contract are those that have been expressly included by the parties. Where there is a dispute over the express terms of the contract, courts may need firstly to distinguish between terms and representations. The former (whether they are conditions or warranties) are legally binding constituent parts of the contract, whereas the latter are statements made prior to formation with a view to inducing a party to enter into the contract. Accordingly, they generally are not included in the contract. However, some representations may be treated as terms depending on their importance and the circumstance in which they were made. Breach of a term creates liability under the contract. A false representation may create liability under statute or in tort, despite not creating a liability under the contract.
Entire agreement clauses can be used to define and limit the extent to which this may occur.
See Express terms.