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(p. 371) 10. Identifying and interpreting contractual terms 

(p. 371) 10. Identifying and interpreting contractual terms
Chapter:
(p. 371) 10. Identifying and interpreting contractual terms
Author(s):

Mindy Chen-Wishart

DOI:
10.1093/he/9780198806356.003.0010
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date: 26 September 2020

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.

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