Terms of the contract two preliminary issues: Two preliminary issues

TERMS OF THE CONTRACT

Two preliminary issues:

Two preliminary issues:

• Identification of the terms of the contract – How do the courts decide what is the term of the contract?
• If it is a written contract, what about the oral statements made prior to the conclusion of the contract?

And some important questions to consider:

And some important questions to consider:

• What is the legal implication of incorporating a statement into the contract as a term?
• Whether the liability for a wrong statement is one for a misrepresentation or is it a breach of contract?

Once again it is INTENTION of the parties:

Once again it is INTENTION of the parties:

Has the defendant intended to make a contractually binding promise about the accuracy of his statement?

Or

Is it a mere representation?

- But how to prove the intention of the parties?