p. 37110. Identifying and interpreting contractual terms
- Mindy Chen-WishartMindy Chen-WishartProfessor in the Law of Contract, Oxford University Law Faculty, Fellow of Merton College Oxford and Professor of Law (fractional), National University of Singapore, 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 contract terms are identified and interpreted. It also considers the problems arising from standard form contracts. The increasing use of such contracts has put enormous pressure on traditional contract rules, which are premised on a different model of individual negotiation between notionally equal parties. The topics covered are: express terms, collateral terms, interpretation of terms, interpretation of exemption clauses, and implied terms.
