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Contracts

1976

Inconsistent collateral contract

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Full-Text Articles in Law

The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …