Intepretation

    Cards (3)

    • Interpretation of contract
      assumption is that the parties understand the terms
    • If a dispute arises about what a term means
      Meaning is usually relied on by the more powerful party
      • e.g. all liability for negligence under this contract is hereby excluded
      Tendency to it in recent years to rely on the purposive approach rather than the literal approach
    • Interpretating contract
      • Ordinary English words - mean what they say
      • Not clear or unambiguous - apply objective test
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