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The Contract Between Tara And Vernon

Decent Essays

(a) Is there a contract between Tara and Vernon? Yes, there is a contract between Tara and Vernon. Although parties may have entered into a valid contract, it is necessary to ascertain the extent of the obligations that the parties have entered into, that is the contents of the contract. A contract may be made wholly by word of mouth, we called it oral contract or wholly in writing, we called it written contract. Where the contract between Tara and Vernon is wholly in writing, the court will construe only the document in which the parties have chosen to enshrine their agreement. There is a rule of evidence contained in section 92 of the evidence act 1950 to the effect that the court will not allow any oral evidence, also called parol evidence, to add vary or contradict a written document unless the oral evidence comes within one of the exceptions or illustrations contained in the section. This is known as the parol evidence rule. A contract is deemed formed and valid in the eyes of the law when all necessary elements for its formation are proven to exist by producing admissible evidence with respect to their existence. In this regard, the primary elements required under law to establish the existence of a contract are proposal, acceptance, intention to create a legal relationship, consideration, capacity, certainty and legality. If one of this elements does not exist, then it would be doubtful whether the transaction concerned is contractual in nature. According to the

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