longer the period of delay, the more likely it is that the statement will lose some of its force, with the result that it is more likely the statement will be regarded as a representation rather than a term of the contract. CERTAINTY OF TERMS : In any process of interpretation, the raw material with which the courts are to work must sufficiently clearly express the intentions of the parties. It has been seen already that in determining when contractual obligations arise, an important factor is often whether or not an agreement has been reached. One particular problem which may arise in this regard is that the language used by

doi:10.4324/9781843141518-104

Chapter

No Image Available

Chapter

ABSTRACT

In any process of interpretation, the raw material with which the courts are to work must sufficiently clearly express the intentions of the parties. It has been seen already that in determining when contractual obligations arise, an important factor is often whether or not an agreement has been reached. One particular problem which may arise in this regard is that the language used by the parties in the process of reaching an agreement is ambiguous, incomplete or vague to the extent that interpretation becomes impossible.