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Contract Law

Contract Law (7th edn)

Mindy Chen-Wishart
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date: 13 June 2024

p. 39910. Identifying and interpreting contractual termslocked

p. 39910. Identifying and interpreting contractual termslocked

  • Mindy Chen-WishartMindy Chen-WishartDean and Professor in the Law of Contract, Oxford University Law Faculty, Fellow of Merton College, Oxford, and Professor of Law (fractional), National University of Singapore

Abstract

This chapter examines how the contract terms that bind the parties are identified and interpreted. It also considers the special problems arising from standard form contracts. We will see how words or conduct that generate expectations are classified into terms within the contract or mere representations outside the contract, with very different remedial consequences; how express terms can be augmented by implied terms and collateral terms; how terms that are often unread (eg in standard form contracts) are made enforceable by signature, reasonable notice, previous dealing, or custom; how terms are interpreted; and, in particular, how troublesome clauses that exclude or limit liability are interpreted.

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