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An express contractual term generally comes from
The parties’ words in writing
An implied contractual term generally comes from
Either the circumstances or legal default rules
The common law allows courts to fill
Small gaps
If a big gap involves a crucial issue, the common law says that
No contract was formed
The implied duty of good faith is different from other implied terms in that
Parties cannot waive it
A condition is
Either an event that triggers the duty to perform or an event that releases a party from performing
Implied or constructive conditions arise from
The context