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Contracting
Parol evidence rule is a rule that states that when a writing in on paper for a contract or an agreement there can never at any instance be received or accepted oral or outside evidence towards the contract as to claim a different intent of the contract. This is a very important part of contracting laws which is available in the Anglo-American common law. Its importance is that a party will not be able to bring in their frustrations or issues which may arise during the contract process as a way to waiver from the initial agreement and make the contract not binding. Therefore with this rule, a party is constrained in terms of what they can make of the contract in the future. It also gives a person the ability to think through all possible instances and includes them in the contract thus avoiding being faced with a difficult situation as a result of the inability to change what the contract stated.
MCC v Storer is a case in which the rules of a contract were not upheld as MCC did not specify that there was an exchange of contracts and therefore according to the court of justice the issue of the contract was unnecessary because the client had just not put the date. However, if the MCC could have specifically stated that there was an exchange of contracts and that the purchase was only to happen within the limits of the contracts then it means that Storer would have lost the case because of the date which had not been written. Therefore contracts are an important part of any agreement and it is good to be clear about their inclusivity. In trying to make contracts and avoid the issue of or an instance like that faced MCC I would make sure to ask if there is a contract or its just agreement as well as the terms and conditions.
Works Cited
Ferrari, Franco. Contracts for the International Sale of Goods: Applicability and Applications of the 1980 United Nations Convention. Martinus Nijhoff Publishers, 2011.
“Storer v Manchester City Council – Case Summary.” IPSA LOQUITUR, ipsaloquitur.com/contract-law/cases/storer-v-manchester-city-council/.
