Scope and content

Scope

A contract is generally only enforceable by and against parties to the contract; that is, parties ‘privy’ to the contract. It is therefore of fundamental importance that we identify those parties.

• Privity of contract

Content

Once parties are identified, it is then necessary to determine the terms of the contract, their meaning (construction) and how they might be classified (and the implications of classification). Particular attention is given to ‘exclusion clauses’ - clauses seeking to exclude or limit obligations or liability - which are typically treated differently (for purposes of incorporating terms and interpreting them) than other contractual terms.

• Express terms (identification/incorporation)

• Implied terms

• Construction of terms (interpretation)

• Classification of terms