Editing Contracts/Parol evidence rule
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 25: | Line 25: | ||
* To prove that an implied term of custom or trade usage or past dealings is part of a contract even if not in a written agreement, as in ''[[Hutton v Warren]]''[[Hutton v Warren| [1836] 1 M and W 466]], where the party wishing to add the term bears the evidenciary burden and in this case, a lease had to be read in the light of established custom. | * To prove that an implied term of custom or trade usage or past dealings is part of a contract even if not in a written agreement, as in ''[[Hutton v Warren]]''[[Hutton v Warren| [1836] 1 M and W 466]], where the party wishing to add the term bears the evidenciary burden and in this case, a lease had to be read in the light of established custom. | ||
* To prove what is true consideration, not something added to avoid taxes. | * To prove what is true consideration, not something added to avoid taxes. | ||
* To prove the term or promise is part of a [[collateral contract]].<ref name="Hoyt's Pty Ltd v Spencer">{{cite AustLII|HCA|64|1919|litigants=Hoyt's Pty Ltd v Spencer |parallelcite=[http://www.austlii.edu.au/au/cases/cth/HCA/1919/64.pdf (1919) 27 {{abbr|CLR|Commonwealth Law Reports}} 133] |courtname=auto |date=24 November 1919}}.</ref> | * To prove the term or promise is part of a [[collateral contract]].<ref name="Hoyt's Pty Ltd v Spencer">{{cite AustLII|HCA|64|1919|litigants=Hoyt's Pty Ltd v Spencer |parallelcite=[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1919/64.pdf (1919) 27 {{abbr|CLR|Commonwealth Law Reports}} 133] |courtname=auto |date=24 November 1919}}.</ref> | ||
* To aid in the interpretation of existing terms.<ref name=Codelfa/> | * To aid in the interpretation of existing terms.<ref name=Codelfa/> | ||
* To resolve ambiguity using the ''[[contra proferentem]]'' rule. | * To resolve ambiguity using the ''[[contra proferentem]]'' rule. |