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Incorporation of express terms (Collateral contracts (Consideration by one…
Incorporation of express terms
Parol evidence
Bank of Australasia v Palmer [1897]
'Parol testimony cannot be received to contradict, vary, add or subtract from the terms of written contract
Collateral contracts
Consideration by one party to agree to make another contract
One contract may be wholly written, oral or part of both
The parol rule will only apply to the written contract
City and Westminster Properties v Mudd [1959]
Lease, but only signed it after orally agreeing he could sleep occasionally in the building
Two contracts, one oral and one written
Importance of representation
Birch v Paramount Estates (Liverpool) (1956)
House to be exactly the same as the show house
Couchman v Hill [1947]
Heifer purchase, was sold as unserved, confirmation gained for the seller and auctioneer.
It was pregnant and died giving birth. Breach of contract
Request for specific details
Bannerman v White (1861)
Hops treated with sulphur
It was not 'preliminary to the contract' but was an express term of the contract
Special knowledge
Oscar Chess Ltd v Williams [1957]
Car sale where it was incorrect car, though it stated this on the log book
Conduct
Regular dealing with no contract in place
Henry Kendall Ltd v William Lillico ltd [1969]
100 contracts over 3 years