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Law Contracts: Agreements with legal consequences The terms of a contract Express terms: Terms which are specifically communicated Implied terms: Terms which are applicable by statute, custom or common law Conditions and warranties Conditions: most important terms in a contract In case of breach, the injured party may cancel the contract and does not have to perform his part and may sue for damages. Warranties: minor terms in a contract In case of breach, the injured party may not cancel and has to perform his part. May sue for consequential damages (direct result of the breach). Limitation of liability Exemption/exclusion clause Criteria Incorporated within the contract Notification prior to acceptance Sufficient degree of notice (highlighted, underlined) Clear and unambiguous Liability cannot be excluded for death or injury caused by negligence Statutory implied terms cannot be excluded