End-of-chapter questions: Answer Guidance 11.1

Identifying the terms of a contract

Signing the contract which says that no warranty has been given might be thought to be determinative if the parol evidence rule is strictly applied. However, it is subject to a number of exceptions. For instance, here there may be a collateral contract. Yet it is unclear whether the guarantee has become a term. The test is clearly objective, but it is surely relevant that Phoebe is not in the business of selling greyhounds (cf Oscar Chess Ltd v Williams [1957] 1 WLR 370). If it is a representation, then there may be a claim for misrepresentation (see Chapter 16, noting in particular the potential relevance of section 3 of the Misrepresentation Act 1967).