TABL1710 Study Guide - Final Guide: Parol Evidence Rule, Collateral Contract, Oral Contract

• School: UNSW, UNSW Sydney
• Department: Taxation and Business Law
• Course: TABL1710
• Professor: Helen Cosby

Document Summary

Representations: statements of fact made before contract by one party to induce offeree to enter into contract, the(cid:455) do(cid:374)(cid:859)t fo(cid:396)(cid:373) pa(cid:396)t of (cid:272)o(cid:374)t(cid:396)a(cid:272)t a(cid:374)d a(cid:396)e not legall(cid:455) (cid:271)i(cid:374)di(cid:374)g. If possessed by one party and not other, statement with regard to subject matter in contract more likely treated as term. Intention to be relied on: guaranteed its truth, there was reliance by person alleging existence of collateral contract. Criteria for enforceability: statements relied on is promissory (not descriptive or representational, not supported by past consideration, consistent with main contract. If good/service fails to meet guarantee consumer can rely on statutory remedy for breach of consumer guarantee provisions, instead of needing to enforce rights through breach of contract. If breach can be remedied and is not major failure consumer must first give supplier opportunity to remedy failure, and only if/when supplier refuses or fails to remedy failure can consumer reject goods.