proof of terms

Where a contractual agreement has been reduced to writing and the document containing the agreement has been signed by one or both of them, it is well established that the party signing will ordinarily be bound by the terms of the written agreement whether or not he/she has read them and whether or not he/she is ignorant of their precise legal effect.

But it by no means follows that the document will represent all the terms of the contract: it may be partly oral, and partly in writing. Furthermore, many contracts are made solely by word of mouth or are contained in or evidenced by documents which have not been signed by the party affected. In such cases, it will be necessary to prove which statements, or stipulations, were intended to be incorporated as terms of the contract or to have contractual effect.

Usage: In legal proceedings an oral contract was required to have proof of its terms adduced into evidence in the litigation.

Related Words: contract; oral contract; written contract; terms; representation; misrepresentation; clause; intention to create legal relations.