The application of contracts

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.

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Publication Details

Journal
Legal Studies
Published
2026-01-16
DOI
https://doi.org/10.1017/lst.2025.10097
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The application of contracts

Ryan Catterwell
Legal Studies
European and International Contract Law
article

The application of contracts

Ryan Catterwell
article en

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.

Legal Studies
The University of Queensland (AU)
Peace, Justice and strong institutions
Openalex Percentile: Top 88%
European and International Contract Law
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