Which of the following must be used as the determining factor upon which a court will rely to settle a dispute involving the classification of a contractual term?

Question

Quizplus · Accepted Answer

The intentions of the contractual parties must be used as the determining factor to settle a dispute involving the classification of a contractual term. This is because the parties to a contract are best placed to determine the meaning and significance of the terms they have agreed upon. Courts will therefore look to the intentions of the parties as expressed in the contractual terms themselves, as well as any surrounding circumstances, to determine the proper classification of a term. The conditions specified, warranties set out, and implied terms may all be relevant factors in this analysis, but they are not the primary determining factor.

Which of the Following Must Be Used as the Determining