Home Page | Contract law | Scope and content | Construction of terms

Scope and content: Construction of terms


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