BTF1010 Lecture Notes - Lecture 4: Parol Evidence Rule, South African Contract Law, Contra Proferentem
27 Sep 2018
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Btf1010 - week 4 lecture - the law of contract: contents and interpretation of the contract: contract terms: express and implied // i. Two types of contractual terms (cacl fig 9. 1) The rights and obligations of the parties to a contract are determined by the terms of the contract. A term can be implied in a contract by the courts and/or by parliament. Identifying an express term may be simple: e. g. if in a written contract signed by both parties: but it may be unclear where the contract is oral, or partly written and partly oral. During pre- contractual negotiations, parties may have made many statements. Not all these statements may have been intended to be terms of the contract. It may also be unclear in contexts where some or all of the terms are displayed in another place: e. g. on a webpage or on the wall of the gym. Terms (promises that are part of the contract)
