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Contract law - parole evidence 'rule'

  • 07-03-2011 1:23am
    #1
    Closed Accounts Posts: 1,359 ✭✭✭


    Just a question about the exceptions to this rule (I've read a bit of McDermott's book, there's a fair few of them! :( )

    I'm confused about 3 exceptions in particular where parole evidence is admissible; to explain the subject matter, to prove the consideration, and where the written document is not the entire contract.

    Say a party is to buy 2nd hand goods from another party, and before the purchase is made the vendor makes certain representations (orally) about the quality of the products (which turn out to be untrue, causing loss for the buyer) and the purchase is then carried out by way of a written document e.g. an order form, where there is no such representation, but nothing in the t&cs which expressly excludes oral representations from being terms of the contract.

    Would the parole evidence rule be a defense for the vendor or would any of those 3 exceptions come in to play?


Comments

  • Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    Gonna give this a bump before I give up on it!


  • Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    Mate, they way I picked it up is that there are so many exceptions the parole evidence rule doesn't exist.


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