Wednesday, November 20, 2019
Property ownership, oral evidence (parole) Assignment
Property ownership, oral evidence (parole) - Assignment Example However, in some cases verbal agreements may be considered as evidence. In instances where a written contract contains clerical or typographical errors, oral evidence may be presented after the written agreement since the written agreement in such a case does not show the true agreement made. Clerical errors may make alter the meaning of the contract or may omit critical details in the contract. In such occasions, the complainant may be allowed to present verbal contracts as evidence. The court may also consider the verbal contract in cases where one party entered into a contract under duress, mistake, fraud or undue influence. Contracts that are entered into under pressure force are considered as null and void and thereby giving room to presentation of verbal agreements. Verbal agreement may also be accepted after a contract if one of the parties proves to the court that there was a separate agreement made between the parties. In cases where a written contract is ambiguous, verbal a greement may be used in order to clarify the true meaning of the contract. The law of sales involves many written and oral agreements which contribute to determining a courtââ¬â¢s decisions when the two parties cannot agree or are in a dispute. In cases regarding sale of property, the law allows the court to refer to prior, contemporaneous, and subsequent verbal agreements in order to supplement the written agreement or give better and detailed explanations of the written agreement (Klass, 2010). In property sales cases, the court examines factors such as course dealing, trade usage and proof of consistent additional terms. Paulââ¬â¢s property purchase should present a written agreement that shows that the house was sold together with carpet. If such termsà are not in theà written agreement, he should prove that they had verbally agreed that the carpet will be sold together with house. The company may also produce evidence that will show that in previous business transaction
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.