Select:

1. (promise ,reasonable bystander ,reasonable person,five, written agreement, stage, sound, important, relied, skill, Oscar, Williams).

Rule: Oral representations can be a term if it is a_______.(promise ,reasonable bystander ,reasonable person,five, written agreement, stage, sound, important, relied, skill, Oscar, Williams). This requires application of the_____ test which asks whether a_____ would regard the oral statements as promises.

Case law: ___chess v ____.

This requires application of____ guidelines:

1) Was the oral statement included in the____?

2) At what____in the negotiations was the statement made?

3) Did the statement_____like a promise?

4) How______is the statement to the parties of the contract?

5) Did one party accept or believe a statement by the other because he or she____on the____or knowledge of that party.

Select:

1. ( parole evidence rule,changing, oral, collateral,warranty, three, promissory, inconsistent, written, separate, Savage, Blackney)

Rule: The____presumes that a court will prevent parties from_____or modifying the main contract. An____term may be considered a separate agreement from the main written contact if it is a_____contract or____.

To be a collateral contract, the oral representation must satisfy_____elements.

1. The oral representation must be____in nature

2. The oral representation must not be_____with the main (____) contract. The oral collateral contract must relate to the main contract!

3. The collateral contract must have a____or different consideration to the main contract.

Case laws: JJ____v_____

Select:

1. Negligence Rule;
2. The reluctance of courts to exempt liability for breaches of fundamental terms;Limitation clause;
3. Signature rule;
4. Clauses that exclude liability;
5. Courts will apply an exemption clause only to events that fall within the four corners of the contract;
6. Ambiguity rule;
7. Reasonable notice test;
8. Constructive notice;
9. When the person relying on the term has given direct notice of the represtation;
10. Rule that presumes fully written contracts are complete and terms can no longer be changed or added.

Parole Evidence Rule:

If a contract is signed, it indicates the signatory is willing to be bound by the terms, even if it hasn't been read or understood:

Actual notice:

Will occur when the party relying on the term has done that is reasonably necessary to bring it to the attention of a reasonable person:

Test used to incorporate unsigned representations into the contract:

Exclusion clause:

Clause which limit or restricts liability:

Rule that states any ambiguities or uncertainties in the clause will be interpreted against the party seeking to rely on it:

Presumption against fundamental breach:

An exclusion clause will only protect a person guilty of negligence if negligence is specifically mentioned in the exclusion clause:

Four corners rule: