The application of contracts

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Authors: Ryan Catterwell
Cited by: 0

Abstract

Abstract The application of a contract involves ascertaining whether the components of a contract term are met on the facts. It is a matter of categorisation or classification. There are at least three methods of categorisation: by criteria; by factor-balancing; and by analogy. The process of application is distinct from the processes that are engaged to define contract terms, including in particular interpretation. However, both the process of application and the process of interpretation address problems of linguistic indeterminacy, that is, cases where the words do not fit the facts. And these problems are usually resolved through interpretation; the relevant term is defined with such specificity that it is clear how it is to be applied. It is only when the court cannot define the term precisely that the court engages in categorisation or classification in a complex and meaningful way.

Fields of Study & Subjects

Legal principles and applications Legal Language and Interpretation European and International Contract Law

Publication details

Journal / source
Legal Studies
Volume
46
Issue
1
Pages
105–122
Publication date
16 January 2026
Language
EN