LAWS1000 Chapter Notes - Chapter 9: Parol Evidence Rule, All England Law Reports, Dick Bentley
Document Summary
In determining whether something has become a term of the contract, whether it has been breached and, if so, what remedies might be appropriate, the courts do essentially four things: They ascertain what the parties actually said and agreed; They determine whether they intended those statements to be contractually binding; They determine the level of important the parties intended to attached to those statements; and. They provide an appropriate and adequate remedy in the event of any breach. Mercantile bank of sydney v taylor (1891) 12 lr (nsw) 252. What this means is that when the courts have to determine what the terms of a written contract are, they will normally only look at what is stated in the document. An entire agreement clause is a clause that the parties insert into their contract ostensibly to avoid any subsequent dispute about what they agreed.
