BLAW10001 Lecture Notes - Lecture 5: Parol Evidence Rule, Australian Consumer Law, Termite
11 Oct 2018
School
Department
Course
Professor
Document Summary
6. 4. 3 displacing the presumption that a contract is wholly written. Even when a written contract initially appears complete, if what was agreed on orally is of obvious importance in the type of transaction, the court may conclude that the oral undertaking was intended to be a term. Displaces presumption that written contract is complete agreement. It may constitute a representation of fact which, if untrue, may allow the promise to rescind the contract at common law or under 237 of the acl. It may constitute a contractual promise: statements that do not become terms of the contract (because they are. Not promissory: not everything that is said while negotiating a contract becomes a legally enforceable part of that contract. There must be gaps in agreed terms which implied terms are obviously required to fill: first, it is necessary to consider the officious bystander test:
