232. Whether a question of law or of fact.

(iii)     The Ascertainment and Meaning of Terms

232.     Whether a question of law or of fact.

Where the contract has been reduced to writing, its interpretation is a question of law for the court to decide1. Evidence of an oral term which would add to or vary the written instrument will generally be inadmissible2. However, where the meaning of a term depends on a particular custom, evidence is admissible to prove the custom3. Oral evidence is also admissible to establish the meaning of a technical term4. There is a presumption