Question
You negotiate with a landlord to rent his property.You notice the leaking roof and ask him if it will be repaired.He agrees and you sign
You negotiate with a landlord to rent his property.You notice the leaking roof and ask him if it will be repaired.He agrees and you sign the lease.The lease says nothing about the leaking roof and the landlord now refuses to repair it.Which statement best describes the legal position?
Select one:
a.ApplyingDe Lasallev Guildford, there is a collateral contract as fixing the roof was consideration for entering into the main lease
b.The contract is void due to fraudulent misrepresentationby the landlord
c.The parolevidence rule means that the written lease overrides the verbal agreement
d.There is no collateral contractbecause you did not pay any consideration for the promise to fix the roof
e.ApplyingDeLasallevGuildford, there is no collateral contractbecause the lease contradicts the verbal agreement about the roof
Jack signs a contract to build a garage in his back yard.The salesperson tells Jack he can get his deposit back if he changes his mind,but the written contract statesthe deposit is not refundable.Jack can't get planning approval and tries to get his deposit back.Choose the statement that best describes the legal position.
Select one:
a.Jack will notbe able to get his moneyback because there is a collateral contract
b.Jack will not get his money back because of the ParolEvidence Rule
c.Jack will be able to get his money back because the contract has been breached
d.Jack will be able to get his money back because of natural justice
e.Jack will be able to get his money back because the salesman exercised undue influence
According to the parolevidence rule
Select one:
a.a verbalstatement or promise made at the time of a written contract is executed may be enforceable as a collateralcontract
b.where there is an inconsistency between a written term and a verbal statement,the court will favourthe written term
c.if a verbal statement or promise was intended to be an important part of the agreement,the court can decide that the complete agreement consists of the written agreement plus the verbal statement or promise
d.the term of a contract must be in writing to be enforceable
e.where there is an inconsistency between a written term and a verbal statement,the court willfavourthe verbal term
Which of the following are exceptions to theParolEvidence Rule?
Select one or more:
a.Where there is a typo or obvious arithmetic mistake
b.Where a party wishes to vary a term of the written contract
c.Where terms of the contract are ambiguous
d.Where it is necessary to fill gaps in the contract
e.Where a party wishes to add a term to a written contract
f.Where evidence concerns previous dealings between the parties
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