Whether a claim sounds in breach of contract at all — and what remedies follow — turns on questions answered in this chapter. It begins with the line between contractual terms and mere representations, and the factors courts weigh in drawing it, before classifying terms as conditions, warranties or innominate terms and tracing the consequences of breaching each. It then covers the routes by which terms enter a contract — signature, notice and course of dealing, including the 'red hand' rule — and the parol evidence rule with its exceptions and the effect of entire agreement clauses. The chapter closes with the objective approach to interpretation, the role of the factual matrix and contra proferentem, and how collateral contracts can give pre-contractual statements force of their own.
