Asked by: Elizabeht Blajnews and politics law
What happens if a term is not defined in a contract?
Last Updated: 8th April, 2020
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Considering this, what is a defined term in a contract?
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
One may also ask, how do courts interpret contracts? Contract interpretation is when a court determines the meaning of the terms of a contract. Courts should always interpret contract terms with the goal of identifying the intention of the parties. Determining the intent of the parties should be an objective analysis.
Similarly, you may ask, why are definitions important in a contract?
1) Defined terms and definitions must be used to make the interpretation of a contract easier: they make contract provisions concise; whereas the use of defined terms should at all times reduce any risks of ambiguity. In interpreting the contract, the defined term must be substituted by the definition of that term.
What happens if a contract is silent on an issue?
When the contract is silent. Sometimes the parties negotiating a contract omit to address an important issue. Only in certain circumstances can the courts imply a term in the contract to deal with the situation. (5) It must not contradict any express term of the contract.