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6. Statements made during contractual negotiations not included in actual written contract will usually be assumed to be merely a representation by the courts

  • True
  • False

7. However, as illustrated in the case of Birch v Paramount Estates Ltd, in what circumstances might this change?

  • If it is considered that the contract is part written and part oral and therefore an oral statement was in fact intended to be term of the contract
  • If the parties decided that this was the case
  • There are no circumstances in which this would change

8. Which case demonstrated the idea that the bigger the delay between making the statement and actual execution of the contract, the more likely it is that the court will consider the statement was not intended to be a term of the contract?

  • Routledge -v- McKay
  • Oscar Chess Ltd -v- Williams
  • Bannerman -v- White
  • Mead -v- Babington