terms of a contract define the extent and limit of a parties obligation
both parties will discuss a no. of issues before committing to the agreement- many discussions will form part of the contract and will become terms
matters that are discussed and arent mentioned become representations-> opinions/facts that encourage the party to enter the contract but arent legally binding
when one party wants to rely on something said in negotiations, courts decide whether its a term/representation
terms agreed pre contract as express terms/others are implied by parties/situations
