In: Business and Management

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Assignment 2

Part (a):

Issue: Whether Robin has contractual rights in relation to the window coverings?

Rules/ Applications:

1. Signature rule:

The law states that a term is promissory and can be made expressly or impliedly. In this case, the term made between Robin and Sarah was in the written form and according to law, it is classified as express terms.
In addition, Robin also signed the contract made by Sarah. Therefore signature rule applied and Robin was bound by the contents of the documents even though she did not read and understand the contract (Case from L’Estrange v Graucob).

2. Parol Evidence Rule

Written contract contains all the terms and conditions of the agreements, and Sarah cannot subtract form, add to, vary or contradict the language of the written instrument.

3. Whether the Oral statement made by Sarah is a term of contract?

In this case, at one of Robin and Sarah’s meetings, Robin asked Sarah whether the price of the house included curtains, blinds and window coverings. Sarah explained that all window coverings were provided for in the contract.
An oral statement or representation only becomes part of the contract if a reasonable person would have regarded it as promissory.

* Reasonable bystander test (Case from Oscar chess v Williams) 1) How objectively important is the representation to the overall deal?

Before Robin purchase the house, she concerning about whether the house price include the window coverings, but Robin is looking for a house not window coverings, so it is not important for the overall deal.

2) Did the representation sound promissory?

Sarah said all window coverings were provided for in the contract, it sounds promissory.

3) Did Sarah or Robin have special knowledge about the subject matter of the representation?

Sarah is a property developer, she must have…...

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