BTF1010 Study Guide - Final Guide: Bmw S38, Specific Performance, Fiduciary
Document Summary
Express & implied terms (common law: express terms are terms, which both parties have agreed to. A contractual promise made in written or spoken words. Can be either written or oral: when fully in writing apply patrol evidence presumption (per) * post-contractual statements are not terms (roscola v thomas) * per: a written contract appears to be a complete record of the agreement, not allow varying, adding or contradicting the agreement. Rebuttable in 3 ways: (i) the written contract is incomplete, (ii) the term in the written contract is misrepresented, (iii) there are 2 contracts: 1 written & 1 oral: written signed contracts apply signature rule. * signature rule (l"estrange v graucob): a signature binds the person signing, whether or not the person has read or understood the contract. Signing is strong evidence that the signatory intends to be bound by the contents of the document.
