As we commence our examination of the contents of a contract, our first podcast deals with the quite complex area of express terms.
Contents:
2) CONTENTS OF A CONTRACT
A. Express Terms
(i) Warranties and Mere Representations
- Timing
- When Verbal Agreement is Reduced to Writing and Oral Statement made Not Included
- The Importance of the Statmenet in the Minds of the Parties
- Reliance
- Special Knowledge of Skill
(ii) The Parol Evidence Rule
(iii) Exceptions to the Parol Evidence Rule
(iii) Exceptions to the Parol Evidence Rule
- Where the Written Document was Not Intended by the Parties to be the Entire Contract
- To Demonstrate the Non-Existence or Non-Operation of the Contract
- To Explain a Custom
- To Explain the Circumstances Surrounding an Agreement
- To Explain the Subject Matter of a Contract
- To Correct a Mistake (Rectification)
- To Prove the Consideration
(iv) Collateral Contracts
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