Terms of a Contract Summary and Checklist Complete the following summary by filling in the blanks. Representations are contractual terms. Courts determine whether a pre-contractual statement is a term or mere representation using the following indicators: . of statement · Timing of statement · Special knowledge or · Putting statement into writing Terms of the contract may be either: terms 'terms expressly agreed between the parties and incorporated into the contract by express reference'; terms 'terms which are implied into the contract, regardless of whether or not the parties have addressed or agreed upon such terms: Implied terms can be incorporated into the contract either: · by custom/trade usage; · by · by the courts at common law, either as a matter of fact or as a matter of law. Terms may be classified as either: · Condition : obligation/term of the contract, breach of which entitles the innocent party to the contract and claim damages; · Warranty : obligation/term of the contract, breach of which entitles the innocent party to claim ; or · Innominate Term: an intermediate term, remedy for breach of which depends upon the seriousness of the of the breach.