Type of the contract | Impact |
Simple or oral contract is a legally binding contract, but it carries a risk. | It is difficult to enforce in the court because there is no evidence of the terms. |
Contract in deed or written contract provides evidence of the terms and allows both parties to study terms – that makes a contract enforceable. Some contracts are only legal if they are in writing (property selling e.g. buildings). | The impact of the deed is that it makes it legal. |
Void contract is not a contract. It never was a contract – it is void ab initio. e.g. Selling something you do not own is a void contract. A contract for an illegal act is also void. | The impact of a void contract is that goods sold can be recovered, even if they have been sold on to a third party. |
Voidable contract is a contract which can be made void in particular situations, for example one party is a minor. The contract is legally valid until it is made void. | The impact is that goods can be recovered unless they have already been sold to a third party, which would have been legal. |
Unenforceable contract is legally binding, but cannot be enforceable by a court, for example there is no enough evidence. | The impact is that both sides are obligated to perform their part of the contract, but the court will not make you. |
Unilateral contract is an offer made to the world at large, where acceptance is the performance of the duty specified. e.g. reward poster | The impact is that contract is formed when performance is carried out or begun to be carried out. |
Electronic contracts e.g. emails | The impact is that have the same effect as written contracts. |
Collateral contract is contract where one contract is used as consideration for another. | The impact is when one contract can be used as consideration for another. |
Analysis of terms in contracts with reference to their meaning and effect
Express and implied terms
Express terms | Implied terms | |
Meaning | An express term is a term expressly agreed by the parties to contract to be a term of that contract. | Implied tern is a term deemed to form part of a contract even though not expressly mentioned. |
Effect | Express terms cannot over side terms implied by the statute. However, express terms can over side terms implied by custom. | Terms implied by the statute ‘Sale of Goods Act 1979’. They protect you and cannot be taken away. Terms implied by custom – the way it is always done. |