Interpreting express terms

Express contract terms must be interpreted objectively and sensibly. The context in which the agreement was entered into must be taken into account but the subjective beliefs and intentions of the parties signing the contract are generally not relevant (Anderson v London Fire & Emergency Planning Authority [2013] EWCA Civ 321).

Although a tribunal will not imply a term that contradicts a clear express term, the operation of an express term can be made subject to an implied term. This important rule is explained below.