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Scope and content: Construction of terms

Overview

Once terms are established it is necessary to interpret them.

As a general rule, a contract (and its terms) should be given the meaning intended by the parties (determined objectively by reference to what a reasonable person would have thought parties intended).

Where this is not obvious the court will do its best to ascertain and give effect to that intention.

A number of rules have emerged to aid the court in that regard.

 

Basic rule: intention of the parties

Detail forthcoming

 

Parol evidence rule and exceptions

Detail forthcoming

 

Aids to construction

Detail forthcoming