Oral Statements

Question 1

Can pre-contractual statements override written terms and become a contractual term + case ?

Answer 1

Pre-contractual statements can override written terms and be classed as contractual terms ( CURTIS v CHEMICAL CLEANING ) . This will depend on several factors.

Question 2

What if the statement is of particular importance + cases ?

Answer 2

If the statement is of particular importance, it is more likely to be incorporated ( BANNERMAN v WHITE, COUCHMAN v HILL, SCHAWEL v READE ).

Question 3

How does the knowledge or skill of the person making the statement affect its incorporation + case ?

Answer 3

If the maker of the statement has more knowledge/skill than the other party, their statement is more likely to be incorporated ( OSCAR CHESS v WILLIAMS ).

Question 4

How does the timing of a statement affect whether it becomes a contractual term + case ?

Answer 4

If there is a delay between a statement being made, and the contract being concluded, the statement may not be held to be a contractual term (ROUTLEDGE v MCKAY ).