| 11. | Browne-Wilkinson VC said the implied term would circumscribe the scope of the express term, so that both coexist without conflict.
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| 12. | A waiver that changes the express terms of a contract can be established by evidence of a course of performance.
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| 13. | By the express terms of the contract the owner had a right to dismiss the captain abroad at any time.
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| 14. | The first is that any terms which the courts imply into a contract must be consistent with the express terms.
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| 15. | Additionally, security documents will usually include express terms that a default by the person granting the security will trigger crystallisation.
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| 16. | "When the Legislature has intended to refer to foreign countries, it has done so in express terms, " the court said.
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| 17. | For contracts that are made entirely by oral agreement, a statement will be an express term if it is promissory in nature.
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| 18. | Like all terms implied by courts, customs can be excluded by express terms or not if they are inconsistent with a contract's nature.
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| 19. | While not adopting the argument in express terms, the court indicates tacit approval of it by refusing to reject it in a forthright manner.
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| 20. | The judge found that the only relevant express term in the supply agreement was that the carbon dioxide would conform with British Standard 4105.
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