JSB171 Lecture Notes - Lecture 1: Competition And Consumer Act 2010, Contra Proferentem, Condition Subsequent
Document Summary
Textbook: 309, q & a: ?, study guide: 101. When interpreting the meaning of terms implied or imported into contracts, the significance of those terms becomes the focus of the court. Inadmissible evidence: subjective intention of the parties, prior negotiations, subsequent conduct, although some disparity in australia (pg 320 tb) Does the exemption clause form part of the contract: refer to notes on incorporation. Does the clause cover the damage suffered: canada steamship rules of construction i. ii. iii. If the clause expressly provides indemnity for the person in whose favour it is made for the consequence of negligence of that person, effect must be given to it. If there is no express reference to negligence, the court must consider whether the words used are wide enough to cover negligence. If there is any doubt, it must be resolved against the person seeking to rely on the clause (contra proferentum rule)
