Law 5110 Lecture 16: Lecture 16
Document Summary
Contractual terms and exclusion clauses common law. Contracts consist of various obligations, statements, promises, stipulations etc. Express terms are terms that are specifically agreed and expressly stated between the parties. Parol evidence rule where a contract is embodied in a written document, under the "parol evidence rule" parol (oral) evidence cannot be admitted to add to, vary, subtract from or contradict the terms of the written document. In 1976, the law commission (wp no 76) recommended that the rule be abolished. Contractual terms are classified according to their importance. The traditional classification is that they are divided into: A term that goes to the root of the contract. Brach brings the contract to an end and gives the claimant the right to claim damages. The contract can withstand a breach of a warranty. A breach therefore only gives the right to damages. The distinction may be illustrated by comparing two cases:
