Commentary

23 Construction of the contract

BUILDING AND ENGINEERING vol 5
| Commentary

23 Construction of the contract

| Commentary

23 Construction of the contract

Where a contract is made in writing, the meaning to be given to its express terms is a question of law. The court will seek to give effect to the intention of the parties as expressed in the written documents1. In seeking the meaning of a contract, written words are normally presumed to take precedence over printed words in the event of inconsistency2. However, this presumption can be reversed by a clear provision in the contract3. There is also a presumption that a written document which appears to contain all the terms of a contract

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial