This session will examine the nature and extent of what is admissible to determine the parties’ intention when contracting.
- Are matters of extrinsic evidence, background negotiations and conduct of the parties relevant to interpretation?
- When will pre-contractual statements or emails become terms of an agreement
- Do courts give primacy to the express words of the contract?
- When can evidence of pre-contractual negotiations be presented in contract interpretation cases
- Contractual interpretation approaches abroad: Australia and UK