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References to headings, clauses, schedules etc

References to headings, clauses, schedules etc

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This precedent has been authored by Ilija Vickovich, Lecturer, Macquarie Law School and updated by Dr. Gordon Hughes, Principal, Davies Collison Cave Law.

Introductory note

Lengthy contracts often use headings to distinguish the content of different terms and clauses. This aids the reader and makes the contract more comprehensible. However, it is generally understood that the heading is intended for the convenience of the reader only and is not intended to form part of the contract for interpretative purposes. (See Cott UK Ltd v FE Barber Ltd [1997] 3 All ER 540 at 545.)

A disclaimer is often inserted to clarify and underline this general principle of construction.

A standard boilerplate clause also provides that references in the body of the contract to clauses, schedules etc are references to clauses, schedules and other component parts of the contract at hand. Although considered by some as unnecessary, this adds to clarity and obviates the need to identify the contract on each occasion that the clause, schedule or part is referred to.