When a contract exists, you need to be able to find out what its 'contents' or 'terms' are. Why? Because if a dispute arises about whether something was promised, or whether the parties have done what they promised, the dispute can only be resolved by establishing what promises are contained in the contract. 

Ascertaining the terms of a contract may involve questions such as:

• How do you distinguish between statements that become terms of the contract and other kinds of statement?
• Can terms be agreed to by implication rather than expressly?
• If an agreement is not written down, how are its contents proved in court?
• Can the parties to a contract agree to terms that limit or exclude their legal liability?
• Can the law put terms into a contract to which the parties have not themselves agreed?

The examples in this module will show you how to go about ascertaining the terms of a particular contract. You will see how the relevant rules of law are applied in different situations.