Contract law coursework Essay Example | Topics and Well Written Essays - 2000 words

Contract law coursework - Essay Example when this would involve forcing a contract upon an unwilling party,†3 nevertheless, since Jerry &Co has commenced performing the terms through construction, they are deemed to have accepted the contract4 with the additional provisions inserted by Mrs. Lowrie. When the record of a transaction is contained in a document – oral evidence is excludedas in this case, the parol evidence rule has generally excluded oral evidence, so parties are bound by the writing alone5. However oral representations made by Jerry& Co have induced Lowrie to enter into the contract.6 Most importantly, it must be noted that as per Clause 5 of written contract, Jerry& Co provide no warranty on materials used in construction.7 Ans 2 (a): The document signed by Mrs Lowrie and Jerry &Co does not represent the entire agreement between the parties. For one thing, there are additional terms and provisions which are relevant in the context of the contract – which are spelt out in the standard form building contract.8 Mrs Lowrie may not have entered into the contract without the oral representations on completion time and materials.9 (b) The oral statements made on March 4th and April 3rd do not form a part of the formal written contract between the parties. However, these statements may be classed as representations – which are statements of fact made by one party that form the basis upon which the other party is induced to enter into the contract. When such statements/representations are not reduced into writing, the Court may draw the conclusion that the parties did not intended them to be contractual terms10 and therefore, an injured party may not be able to hold the other party to those representations. The important distinction between a contractual term and a representation is that while contractual terms are enforceable in the event of a dispute, representations may not be. Ans 3: If the oral statements were deemed to be representations and not contractual terms, then