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Legal Study
contracts, agreements
Question | Answer |
---|---|
Elements of an agreement? | 1.agreement between parties 2.intention to create legal relations 3. consideration |
Terms of an agreement | puffs, representations and Terms. |
The parole evidence rule: no oral evidence can be used to? | 1. Add or subtract 2. Change or 3. Contradict the terms of a written agreement. |
Expectations to the parole evidence rule? | oral evidence to show that one party has made a false statement before the contract was signed. |
Couchman v Hill (1974) | Facts: catalogue said sold 'as is' specific question asked about a particular cow false answer was given. sued. Result: plaintiff succeeded, entitled to compensation False statement made before contract was signed, caused plaintiff enter contract. |
Is a representation a term of contract when a long time has passed between when statement is made and contract entered into the statement? | no. |
Is a representation a term of contract when a statement is made orally and not included in contract? | no. |
Is a representation a term of contract when a statement is important to the persons decision to enter into the contract? | yes. |
What is a puff? | A statement (exaggerated comment) made by sales men to persuade a party to enter into a contract which no reasonable person would believe. |
Example: you will certainly be made more successful with the ladies when they see you driving this. | Puff. |