Assignment First

英国论文抄袭后果:合同形式和担保合同

合同形式是重要性和部分书面或部分口头合同视为例外。只有那些情况下合同的合同完全写和理解为缔约双方的权利和义务,口头证据规则可以应用。在这种情况下,合同是部分写作或部分口语那么口头证据规则不适用和外在证据将被包括在基于上下文的判断过程。意图,考虑相关元素一起使用的合同因此会口头证据规则的例外。

英国论文抄袭后果:合同形式和担保合同

担保合同是这样一个风格的集成方面的合同例外口头证据规则是必要的。抵押合同可以被认为是一个主要的考虑合同是漫长。担保合同的性质是一种独立的合同,不属于主合同。De Lassalle v吉尔福德[1901]2 KB 215例,在担保承诺是对排水条件相关的财产协议。担保承诺是考虑的主要合同。外在证据不能用于主合同根据口头证据规则,但是抵押合同以异常为担保合同的外部考虑基于主合同被吸引了。因此,尽管它继续运营的主要合同,它将被接受的口头证据规则,即使不是主要的合同。

英国论文抄袭后果:合同形式和担保合同

The contractual form is importance and partly written or partly oral contracts are considered as exceptions. only those situations in contracts where the contract is wholly written and understood as presenting rights and obligations of the contracting parties, can the Parol evidence rule be applied. In such cases, where the contract is partly writing or partly oral then the Parol evidence rule does not apply and extrinsic evidence would be included in the judging process based on context. Intention, consideration related elements of contract would hence be used along with the exception to the Parol evidence rule here.

英国论文抄袭后果:合同形式和担保合同

Collateral contracts are one such style of contracts where exception to the integration aspect of the Parol evidence rule is necessary. A collateral contract can be recognized as the consideration on which a main contract is drawn out. A collateral contract by nature is a separate contract and is not part of the main contract. The De Lassalle v Guildford [1901] 2 KB 215 case, where a collateral promise was made with respect to drains condition related to a property agreement. Here the collateral promise is the consideration for the main contract. Extrinsic evidence cannot be applied to the main contract according to Parol evidence rules, however collateral contracts take exceptions as the collateral contract is the external consideration based on which the main contract was drawn out. Therefore, although it continues to operate in relation to the main contract, it would be accepted from the Parol evidence rule even if the main contract is not.