CLAW1001 Study Guide - Final Guide: Australian Consumer Law, Foxtel, Goodman Fielder
Document Summary
Natra pty ltd v markhill investments pty ltd [2005] - meaning according to the language the parties actually used . * as parol evidence rule applies only to written contracts agreed to be complete and entire, the rule will not apply to contracts that are partly written (agreed) Van den esschert v chappell [1960] - parol evidence rule does not exclude statement: collateral contract. An oral contract subsidiary to the main written contract (the consideration for which is entry into the main contract) Really just a way for court to give contractural effect to pre-contractual oral statements when main contract is in writing - subject to the court finding a collateral contract. Amounts to a warranty (breach = damages only) Collateral promise must not be inconsistent with main contract - promise of termination of sub-lease only on termination of head-lease was inconsistent with sub-lease terms providing for termination with.
