Signed Agreement - Is previous email part of agreement

galait

Hi

Lets say there is a signed agreement between 2 parties , It's all formal drawn up by solicitors and contains several items ,

In an email exchange prior to signing the agreement several requests were made and these were agreed to and 3 of the 4 items were completed , The last item was overlooked/forgotten.

The agreement that was then signed makes no mention of the outstanding item.Several months later the party sends an email stating all matters are concluded and no further discussion is allowed ,

Then the party who stated that all discussions have concluded suddenly remember the 1 item that was forgotten and left out of the signed agreement.

They are now claiming that it was part of the agreement and are demanding that it be completed.

In Short

1. It was never mentioned in the Signed Written Agreement (They are now claim the terms of this agreement have been broken)

2. 5 Months Later before they discover the oversight they claim all matters have been concluded.

3. A further month down the road they claim there has been a breach of the agreement and that the outstanding item must be dealt in line with an email sent long before the agreement was signed.

Any Views ?

NoQuarter

Cant give legal advice here as per the charter.

Use google and read up on contract law "mistake" and "parole evidence".