Contract Terms and Interpretation

What this unit covers

The resources here follow a path through the terms of a contract. Some deal with what the terms are, some with when a party can rely on an exclusion clause, and some with how a court or tribunal reads the words the parties used.

• Terms: the mind map Contractual Terms looks at presentations and terms, incorporation of express terms, and what happens when a contract is in writing or signed.
• Exclusion: the mind map Exclusion of Liability covers the validity of exclusion clauses and incorporation by signature, by notice, on a ticket and by reference to another document.
• Interpretation: the mind map Interpretation of contracts compares approaches, including flexibility, previous and subsequent conduct, and the purpose of the contract as an overall guideline.

Where to start

Begin with the flashcard decks Express terms and Implied and Expressed Terms. They set out the basic vocabulary: what express terms are, what implied terms are, and how statute, custom and trade usage can imply a term. Then move to Types of contractual terms, which touches on the business efficacy test and the officious bystander test.

Moving on to exclusion and interpretation

Once the vocabulary is secure, open Exclusion of Liability and the deck Exemption clauses side by side. The map gives you the structure, and the cards let you check incorporation by signature, notice and course of dealing one point at a time. After that, read Interpretation of contracts and the notes on the Entire Agreement Clause.

Using the quiz and maps together

The quiz Module 4 + 5 is a fill-in-the-blank exercise that opens with the definition of express terms. Take it after the maps and decks, note any blanks you could not fill, and go back to the matching map branch. Teachers can use a map as a starting point for a seminar or a handout.

Where it fits

This unit sits in the strand Obligations and Contract, within Civil law. Every resource was made by GoConqr users, so styles differ and some jurisdictions vary. Pick one map, work through it, and then try making your own flashcards from its branches.