ABSTRACT
This chapter looks at the problems of contract interpretation - how the lawyer works out what the words that have been used in the contract actually do mean - if and when there is a dispute. The commercial contract in writing is presumed to be a 'complete' and 'precise' statement of the terms agreed between the parties. The commercial contract in writing is presumed to be a 'complete' and 'precise' statement of the terms agreed between the parties. The word 'condition' can be used in contracts in two ways. Firstly it can mean one of the terms of the contract, as opposed, for example, to the specification. Secondly, in lawyers' jargon, it can mean a particular type of contract term. The warranty is a less important promise, a minor term of the contract. An Innominate or Intermediate Term is neither a condition nor a warranty, but has elements of both. Civil law takes a radically different approach to common law.
