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5 Cards in this Set
- Front
- Back
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Parol evidence rule...
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Oral evidence is inadmissible - NEWMAN v GATTI (production - role - understudy)
Designed to reach finality, certainty and deter fraud |
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Exceptions to the rule...
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Professor Treitel identified 13 exceptions…
- Where the written contract is not the whole agreement - COUCHMAN v HILL (unserved cow) - Specific performance - PYM v CAMPBELL (condition) - Custom - SMITH v WILSON (rabbits - 1000 - 1200) |
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Proposals to abolish the rule...
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Law commission working paper no. 70 (1976)
Law commission working paper no. 154 (1986) Wedderburn 'Nowadays, it is no more than a rebuttable presumption that a document which looks like a contract is to be treated as the whole contract' |
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Entire agreement clauses...
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Terms and conditions are the entire agreement
INTREPENEUR v EAST CROWN LTD (pub - serving beer - negotiations - entire agreement clause upheld the parol evidence rule) |
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Pre-contractual negotiations are inadmissible...
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PRENN v SIMMONDS (it is the contract that tells you what the parties agreed upon, not the pre-contractual negotiations)
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