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Inadmissable evidence

By: Language: English Series: Building ; 270(8413) 13 January 2006, 54(1)Publication details: 2006Subject(s): Summary: Considers the situation where either the inability of parties to a contract to express unambiguously the bargain that they have reached, or to inadvertently incorporate terms that contradict the deal, by using a standard form of contract, often leads to disputes, particularly over design responsibility. As English law prevents parties from referring to pre-contract discussions and negotiations to aid interpretation, this can lead to a contract being interpreted in a way that does not give effect to the true intentions of the parties.

Considers the situation where either the inability of parties to a contract to express unambiguously the bargain that they have reached, or to inadvertently incorporate terms that contradict the deal, by using a standard form of contract, often leads to disputes, particularly over design responsibility. As English law prevents parties from referring to pre-contract discussions and negotiations to aid interpretation, this can lead to a contract being interpreted in a way that does not give effect to the true intentions of the parties.