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to PRE
En
1)To prove validity:Extrinsic ev
·dence can be used to
prove the validity the contract
-
of
by proving intention, consideration.
1.2 offer, acceptance, consideration.
2) Interns:Extrinsic evidence can be used to
prove that a been
term has implied.
case: Burges u Wickham
brought out the
-
defendant
e
->
Involving
of
mavine insurance. The
policy Marine insurance and the had
courts to
decide whether this was an
impliedterm.
-> Insurer knew ship was not seaworthy (ship was
being sold) of the
contract:
3) operation 7
-> Paro evidence can be used to show that the contract
does notyet operate or has ceased to operat
campbell:
-> A written agreementfor the sale ofa patent
was drawn up, and evidence was admitted
of an oval stipulation that the
agreement should
have
not become operative until a third party apprived
ofthe invention.
4) Aid to construction:
->where the words a contract are clear,
of
paral evidence
can not be used however if a I particular term is
ambig ing can be used to
paral evidence rule
ex lainsthatterm.
S TO
prove custom.(Smith Wilson)
and area, to meant 12. So
-
-> In C particul ar era
a
buyer bought and paid for 1000 rabbits and a
of less. The courts
complained recieving 20 rabbits
agreed withthe seller as it was indeed proved
to be a local custom.
, 6 efication:
-> Adocumentmay fail in
accuratelyrecording the
true agreement written contract to be
->
Equity allows such a
rectified by paral evidence.
->
Very hard to prove reflect
for
parties that the Written
document does not the true and
agreement
askthe permit them to
to
court allow extrinsic
documents.
- Collateral Contract:
Even though para evidence cannot
-
be used to
->
or add to the terms of a written contract it
vary
may
be possible to show thatthe parties made two
Velafeel contracts, one written and other collateral
and
Westminstermud living atthe Shop
premises
for landlord included in the contract
six months. The
thatthe
premises can be used for business purposes
only.The tenant told and asked the landlord thathe
had and wished to continue sleeping at
the premises
to which the landlord agreedin's contradicted
the main said thatthe oral
agreement. The court
contracthad overridden the main contractand
the oral contractprevailed.
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