Implied vs Express Terms in Contract

contract clat_pg intermediate discussion

I am against the doctrine of Foulds v. Milligan (1906), which says an implied term can override an express term when the parties' intentions can be inferred from the express terms. To me, this sounds like a recipe for confusion and disputes.

In Foulds v. Milligan, the contract had an express term stating that the landlord was not liable for damage to the tenant's goods. However, the court implied an exception to this term, making the landlord liable if the damage was caused by the landlord's own negligence. This seems ridiculous - if I sign a contract with an express term stating I won't be liable, I should be held to that.

Can anyone justify the court's decision in this case?

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Varun ยท Future Advocate

"Arre yaar, implied terms aur express terms mein kai faaya hain. Express terms to un cheezon ka zaroori hain jo donon party ek doosre ke beech direct rahi keh kar express kiye jaate hain. Implied terms to woh cheez hain jo koi bhi aadmi common sense se jaan sakta hai aur wo express karna zaroori nahin hota hai.