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Questions unit 5 - Assignment Example

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Parole evidence rule excludes a party from negating liabilities on written contract by way of stating that the written agreement does not mean exactly what it says. However, the parole evidence rule may be excluded in the following circumstances; a) in situation where he…
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Questions unit 5
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By doing so, he had expressed his right to be bound by the contract. The fact that the agreement was not in writing is irrelevant as a consensus ad idem can be established (Elliott, p 21). 5. The requirement of payment of deceased debts by virtue of being an administrator does not have to be expressly provided. It is an implied term under which a party is required to carry on with the legal obligations touching on the estate of the deceased. 8. Generally, personal service contract cannot be delegated.

An exception may exist, however with consent of the obligee on condition that they remain liable until the assignee has performed the contract to the satisfaction of the obligor. 9. a).In case the original contract is still in term, the minimum period remains unaltered, b).It poses a suitable break compared with assignment since with an assignment it is less clear as to who is liable for charges around the time of an assignment. 10. It is not ethical. The law sets out what must not be retained by such a person.

The rationale being that they should have the property only sufficient for survival and ought not to be a

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