LLB170 Study Guide - Final Guide: Parol Evidence Rule, Admissible Evidence, Oral Contract
Document Summary
Unless: there is a vitiating factor (toll v alphapharm) Intelligent bystander test would they infer a warranty they have regard to: agreement recorded in writing, precise language used, expertise of parties, time elapsed between statement and contract formation. Admissible evidence: oral contract, evidence of negotiations, context, nature of industry, written contract, parol evidence rule, meaning of terms determined from the writing in the contract itself, ambiguity lots on dis. Inadmissible extrinsic evidence of subjective intentions etc. Evidence regarding surrounding circumstances admissible only where language of the contract is ambiguous or susceptible of more than one meaning. Commercial contracts: business efficacy, construe contract as a whole, contra proferentum, exclusion clauses, guarantees and indemnities. In custom: terms will not be implied where, statue law: consumer guarantees in consumer contracts. Frustration occurs when the law recognises that without the fault of either party a contractual obligation has become incapable of being performed because the circumstances make performance radically different than what was undertaken.
