What regard (if any) will Courts have to deleted words in a contract? - 1 April 2016

The Victorian Court of Appeal has confirmed that courts may consider words in a contract, which have been struck through but are still legible, in construing terms of a contract which are ambiguous.   The Court confirmed that authorities regard struck out language as secondary material which can be used as an aid to construction and that a deliberate and mutually agreed deletion of a standard form term may throw light on the parties’ intentions in cases of ambiguity. 

Accordingly, clients should be aware that when entering into a standard form contract which has been amended by deleting words, the words which have been deleted may nevertheless be used as an aid to construe the remaining term of the contract.  

To read about the case, click this link.  

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