ABSTRACT

This chapter deals with ways in which a court decides on the precise oblig a tions that are contained in a contract. In doing this, the follow ing issues become relev ant:

■ Is a pre­ contrac tual state ment inten ded to be a term of the contract? This involves distin guish ing between repres ent a tions and terms, and identi fy ing the factors, such as the import ance of the issue, which help the courts to make a decision.