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Legal Study

contracts, agreements

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