So what precisely did you and other party agree to under the contract? What exactly did the company promise to do? And how much did you agree to pay? We’re talking here about the terms of the contract. Some terms may be expressly negotiated, agreed and laid down within the contract. Other terms may only be assumed or implied – terms which are not stated because they are obvious, or because they relate to the statutory rights of the consumer. Whether they are mentioned in the contract or not, it is crucial to understand the relative importance of each of the contract terms, as it will have implications for how each party is able to proceed if one of those terms is breached.
Where a term is fundamental to the contract and a breach of that term has had significant consequences for you, you have the right to terminate the contract and sue for damages. If a contractual term has been broken without any significant consequences, you may not have the right to terminate the contract, but you can still sue for damages.