BUSAD 120 Lecture Notes - Lecture 15: Parol Evidence Rule, Collateral Contract, Dmg Media
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As a general rule it will not be enforceable. Van den esschert v chappell when no contradiction, both verbal and written can be used in unison. The representation or promise may still be enforceable if the other party can establish that the false representation or broken promise was: a breach of a collateral contract, or a misrepresentation, or a breach of the acl. A collateral contract is a secondary contract: in return for the representation or promise the other party has entered into the main contract. If the representation turns out to be untrue or the promise is broken the other party can sue for breaching the collateral contract. De lasalle v guildford [1901] 2 kb 215. Asked if it can be assured if the drains were in good condition as a result of previous experience. Drains where not in working order and his stuff was damaged again, couldn"t sue for breach of contract, but could look for collateral contract.
