Contract Assignment 2022

Running Head: Contract
CONTRACT
Name of the Student
Name Of the University
Author’s Note

CONTRACT1
The contract is a legally enforceable written formal agreement between the parties with
the mutually agreed terms and conditions and consideration as agreed by the parties. A contract
is legally enforceable document and hence, the language instituted for the formation of the
contract is as per the legal construction. However, the terms and condition are meant for the
parties to understand and mutually agree, hence, it is important that the contract is constructed in
an easy language and format.
In this thesis, we will compare two contracts and bring out the intention and language
related analysis of the contracts and the meaning derived from the same.
According to Delmolino et al., 2016, it has been explained that the language of the
contract should be as per the understanding of the parties. However, such simple language may
lead to the discrepancies while applying legal provisions to such contractual provisions because
legal language means specific and clear language with crisp understanding of the meaning
derived from such language of the contract. According to Fairclough 2013, it can be explained
that the contract and its language should be specific to its meaning for the judges to construe the
meaning or the idea for such clause to be included in the contract. However, According to
Blakemore 2017, it can be explained that the language is stated to be the essence for the
traditionalism to be reflected an the legal documents should be such that they can be interpreted
by the judges in the language which predominates the legal profession. Therefore, it can be
explained that the plain language of the contract means the language which is not complex and is
void of any ambiguity and discrepancy in the meaning. The intention of the parties can be
derived from the literal meaning of the contractual language or the language of the contract.
Analyzing the New Zealand standard conditions of contract for building and civil engineering
construction, the Application of the contract states that it is applicable to the contract except
where it is inconsistent with the context. In simpler words, it could have been said that the
contract is applicable only in cases of contractors under the Construction Contracts Act. The
definitions in the contract is provided for the better understanding of the related terms and hence,
it can be said that the purpose of the establishment of the contract is achieved because the
complex legal terms are defined for the better understanding by the parties. However, the
language of the definitions hold a significant role because simple presence of definitions is not
sufficient. The simple language of the definition is what matters as relevancy to the parties who

CONTRACT2
enter into the contract based on the understanding of the language of the contract. On the other
instance, the evidence of contract explains that establishment, formulation and the execution of
the contract. The provision of the contract explains about the execution of the contract and the
steps involved for its execution post the formality of the formation of the contract has been
completed. However, applying the provisions of language administration, it can be explained that
the language of the contract is complex affecting the understanding of the parties for the
provision of the contract. Analyzing the provision for the subcontracts, the applicability meant
that the contractor will enter into any further contract as a whole or part of the contract without
the specific consent of the Principal. This provision has been explained in a simple yet clear
language specifying that the Subcontracts of the contract is not allowed without the permission
of the Principal. This clearly states the meaning of the contractual provision has been clearly
delivered to the parties and also to the judges while they construe the contract in case of disputes.
While analyzing the general obligations of the contract, the responsibilities have been laid down
in a simple language that the contractor will work in accordance with the proper instructions as
given by the Engineer relating to the contract. However, analyzing the further provisions, it can
be said that the language of the contract is a mixture of simple and complex languages. However,
the language determines the understanding of the parties which defines their position in the
dispute. But the complex language means that the parties would not be well versed with the
language of the contract. Therefore, this may lead to the breach of the contract with respect to
understanding of the contractual obligations and related provisions. Analyzing the provisions for
the care of the works and site, it has been explained that contractor shall be responsible for the
care of the site and the materials which are located in the site. the provisions is also simple in the
understanding of further provisions for the loss or damage to the Contract Works and the
execution of Contractor’s outstanding obligations. Therefore, it can be said that although it is an
established rule that the contractual provisions should be laid down in a simple language for the
easy understanding of the parties. The enforceability of the contract depends upon the
understanding of the contract otherwise the contract may be held void ab initio. The language of
law is complex and is not meant for the layman and hence, for the general understanding the
simple language should be used. However, it can also be established that because a contract is a
legally enforceable document, the rights and duties of the parties are subject to the legal
consideration, the institution of the legal language in the respective areas is an important forum