Part II Related Doctrines, 15 Proof of Terms and Incorporation of Terms

Subject(s):

Breach of contract — Interpretation of contract — Performance of contract — Burden of proof and damages

This chapter considers the issue of ‘proof of terms’. It first describes the modern approach to proof of terms is described, and introduces the impact of ‘entire agreement’ clauses. Traditionally most cases concerned with the construction of private law instruments involved deeds or other documents signed by one or more parties. To this day a signature on a contract or form is the most effective way for a party to ensure that its terms form the basis for the relationship. However, it is clear that a signature on a document is not the sole or even principal means by which it can become the basis of the contract. The straightforward question to be addressed is if the parties intended to embody their agreement in a document, or to reduce it to writing in the form of a document.