Terms of the contract two preliminary issues: Two preliminary issues

The more important

the statement, the more likely

it is to be incorporated into

the contract as a term

(3) An expert opinion

(3) An expert opinion

If the maker of the statement

is in better position

to ascertain

the accuracy of the statement,

the Courts tend to regard it

as a term.

And also ...

And also ...

(4) If the time interval between the statement and making contract is a long one, it may be argued to be a representation but not a term (Routledge v McKay (1954);

(5) If the statement comes after signing a formal written contract then it is more likely to be classed as a representation;

Now the second issue

• In case of written contracts, is it possible to lead evidence of terms other than those contained in the written contract?
• The parol evidence rule - principle that preserves the integrity of written documents or agreements by prohibiting the parties from attempting to alter the meaning of the written document