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Understanding Implicit vs Explicit Promises in Contracts: Identifying Transfer Obligations
Promises in a contract to transfer a good or service can be implicit or explicit. Which one of the following statements is correct? As a marketing incentive Stand Up Inc. offers a free paddle and coiled ankle leash to all customers buying a stand-up paddle board in the month of April. Given the free accessories are a marketing incentive they are not promises in the contract. To set up a contract with a new customer Telecommunications Inc. needs to complete various administrative tasks. Given the administrative tasks are required to set up the contracts they must be considered as part of the promises in the contract. Autos Ltd. run an advertising campaign stating that customers that buy a car in June will get two years of free servicing, however the free servicing is not specified in any contract. Therefore the free servicing is not a promise in the contract. Promises may be implied by an entity’s customary business practices, published policies or specific statements. These promises are identifiable at contract inception if a valid expectation is created that a good or service will be transferred.

The correct statement regarding promises in a contract to transfer a good or service is:

Promises may be implied by an entity’s customary business practices, published policies or specific statements. These promises are identifiable at contract inception if a valid expectation is created that a good or service will be transferred.

In the case of Stand Up Inc., the free paddle and coiled ankle leash offered as a marketing incentive during April could still be considered promises in the contract, as they are explicitly offered to customers upon purchase, creating a valid expectation.

For Telecommunications Inc., the administrative tasks to set up a contract with a new customer might not necessarily be considered as part of the promises in the contract, as these tasks are typically seen as a necessary process to establish the contract, rather than forming part of the goods or services to be transferred to the customer.

Regarding Autos Ltd., the advertising campaign offering two years of free servicing with car purchases creates a valid expectation of service transfer, even though it's not specified in the contract. Hence, it can be considered a promise in the contract based on the company's statement.