BTC1110 Lecture Notes - Lecture 4: Parol Evidence Rule, Dick Bentley, Collateral Contract
3 Aug 2018
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Chapter 9: contents and interpretation of contract lecture 4. Determining what constitutes express terms in contract is simple if they are entirely in writing. Parol evidence rule where contract is entirely in writing, other evidence is excluded, may contradict written document. Identifying terms of contract; distinguishing between mere puffs, representations and promises: cacl [9. 30] For statement to constitute term of contract, party must promise that statement was true and part of contract. Oscar chess ltd v williams: cacl [9. 40] Dick bentley v harold smith: cacl [9. 50] Concept promise (oral) is not term of main contract but may be collateral to it; two contracts in effect. Van den esschert v chappel: cacl [9. 80] Classifying express terms: conditions, warranties and innominate terms: cacl [9. 120] Distinction between term (importance to contract) and warranties (terms of lesser importance) Condition term that goes root of contract, failure to perform would render performance of contract. Warranty term of lesser importance to contract.
