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Legal Study

contracts, agreements

QuestionAnswer
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.
Created by: millmack
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