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Complete Construction Notes
LAWS11-212 - Principles of Contractual Liability
1 Found helpful • 10 Pages • Complete Study Notes • Year: Pre-2021
This is a complete guide to construction to express terms. Perfect for Issue spotting and cases for a contract's exam. There are five matters to consider in attempting to resolve disputes about the terms of a contract. 1. It is necessary to identify the express terms of the contract agreed by the parties 2. Terms must be construed to determine their meaning and legal effect, or, in other words, whether the terms apply to resolve the dispute in question. 3. In both identifying the terms of the contract and in construing their meaning, it may be necessary to consider the admissibility of extrinsic evidence (i.e the evidence outside the written contract itself. (Parol Evidence Rule) 4. If the express terms of the contract prove silent on the issue in dispute, it must be determined whether the silence was intentional or whether there is a gap in the terms into which the court may imply a term dealing with the issue in dispute. 5. It may be necessary to consider the effect of statute on the parties’ contractual rights and obligation.
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