Private Law Theory

INTRODUCTION
Many questions in contract law are determined as a matter of party intention. This makes sense considering that a fundamental goal – if not the fundamental goal – of the law of contract is to give effect to the bargain made by the parties. That said, not every contract question is determined by asking what the parties intended; some contract law issues are resolved on a normative or moral basis detached from intention. For example, if party A contracts to sell a quantity of ‘apples’ to party B for a specified price, a dispute regarding the type of apples sold is a question of intention. But a dispute as to whether the contract should be set aside for misrepresentation or duress depends on, among other things, the extent to which contract law should be fair and protect vulnerable parties. The aim of this article is to explore the ‘limits’ on intention in contract. What is meant by ‘limits’ is the normative or moral factors that circumscribe and shape the role of intention under contract law …

€ (Westlaw)

Ryan Catterwell, ‘The limits on intention in contract’ (2023) 139 Law Quarterly Review (Oct) 571-591.