BTF1010 Lecture Notes - Lecture 5: Parol Evidence Rule, Collateral Contract, Tute
5 Aug 2018
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Dispute about express terms of the contract (key facts, potential issues) If there is a contract, you do not need to go through the elements of a legally binding contract is. But if not, talk about it a bit. To check what the statement made in relation to when the contract was made. If after, not a term unless fresh consideration or incorporated by past dealings. Written (parol evidence rule), anything external is not part of the contract. Promissory in nature, if not, i cant be a term (apply reasonable person test) Collateral promise must not be inconsistent with the main contract. Promisee must give consideration - usually the consideration is agreeing to enter into the main contract. Written + signed = normally binding, even if the document was not read: Document does not appear contractual in nature: lemans. Fraud or misrepresentation about the contents + effects of the document: toll.
