Interpretation

The interpretation of contracts focuses on objectively determining the parties’ intentions as reflected in the language used, rather than their private, subjective beliefs. Courts examine the words spoken or written in light of the agreement’s context, including surrounding circumstances, but exclude subjective declarations of intent.… Read the rest

The interpretation of contracts has evolved from a traditional plain-meaning approach to a modern, contextual perspective. Traditionally, courts focused on the literal meaning of words within contracts, prioritising certainty and emphasising the plain language of agreements, provided they were unambiguous.… Read the rest

Exemption or limitation clauses in contracts aim to exclude or limit liability for breaches or non-performance, often favouring the stronger party, typically in standard form contracts. To be effective, such clauses must be clearly incorporated into the contract and explicitly cover the specific breach in question.… Read the rest

In contract law, terms are categorised based on their significance, distinguishing between conditions, warranties, and innominate terms. Conditions are fundamental terms, where a breach allows the innocent party to terminate the contract and claim damages. Warranties are less critical; their breach only entitles the injured party to compensation.… Read the rest