I haven't seen the paper, but my gut instinct is leaving out the parol evidence rule wouldn't kill you. I mean, you could spin it like this...if a contract or terms of a contract are allegedly oral, they can only be proved by oral evidence. Specifically advising that "this is ok because the 'exceptions' to the rule allow it" would (in real life) be akin to saying "you have to prove what you allege". I just think it that it would follow automatically that if one alleges the existence of a verbal aspect of a contract, no-one in their right mind would challenge that person's attempt to prove same in practice. So, you could point out the legal basis for admission of such evidence, but failure to do so...I dunno...doesn't seem like the end of the world to me! (bearing mind I haven't seen the paper!)
On Apr 5, 5:50 pm, Wendy Lyon <[email protected]> wrote: > Yeah I didn't spend a lot of time on it, but I assumed they wanted it > mentioned because I couldn't think why else they would ask > specifically about VERBAL statements ... > > Didn't do anything on warranty/condition/innominate distinction though! > > On 05/04/2009, LDGantly <[email protected]> wrote: > > > > > i completely left out/forgot about parol evidence rule--dont think it > > was that relevant anyway. i think main cases were > > oscar chess > > dick bentley > > BoI v Smyth > > and then cases like leef v art gallery/christopher hill fine art to > > demonstrate that expertise/experience matters...thats what i did > > anyway. I also briefly mentioned how when courts establish that a > > statement is a term, how they decide what kind of term it is-condition/ > > warranty/intermediate. > > i hope/think the above is correct --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.ie/group/FE-1-Study-Group?hl=en-GB -~----------~----~----~----~------~----~------~--~---
