This rules aims to protect the written contracts original content which will

This rules aims to protect the written contracts

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This rules aims to protect the written contracts’ original content which will contribute to the maintaining certainty and stability, particularly in business dealings. Downloaded by Adli Hakim ([email protected]) lOMoARcPSD|4226454
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In case Tindok Besar Estate Sdn Bhd v Tinjar, the judge held that if the consideration so generally stated and understood that the admission of parol evidence is that not all the terms had been incorporated in the agreement had any foundation of law then it would open to any party to a litigation concerning an agreement to say that the agreement which is the subject matter of the dispute. No agreement would then be safe from being re-written by one part in a court of law. This rule also found under section 91 and section 92 of the act. In S91 it provided that when the terms of a contract have been reduced by or by consent of the parties to the form of a document, no evidence shall be given in proof of the terms of the contract except the document itself. However, in S92 which should be read together with S91, it stated that when the term of such contract have been proved accor S91 then no evidence of any oral agreement or statement shall be admitted as between the parties to any such instrument or their representatives in interes for the purpose of contradicting and varying to its term. However there are some exceptions under s92 which allow the parties to bring in extrinsic evidence which may vary or add in new terms to the original agreement but cannot destroy the original term. There are two important F.C decisions that have given the admission to differing the ws92 when parol evidence may admissible. a. Tindok Besar Estate Sdn Bhd v Tinjar Co. In this case, the appellant was a contractor for extraction for timber of a company, he then decided to not carry on with the work, and he sued the R FOR NOT paying $ 45,000 which was orally agreed by the R to pay at the beginning, the R then counterclaimed for $ 90,000 and challenged the validity of the agreement, the HCJ agreed and construing the agreement admitted parol evidence to prove several implied undertakings on the ground that not all the terms had been incorporated into the agreement. ( They are taking in the extrinsic evidence) However the FC judge disagreed with their judgement and held that unless the additional evidence falls under exceptions of s92, it should be not allowed. b. Tan Chong & Sons Motor Sdn Bhd v Alan Mcknight In this case, the issue rose whether the representations of the appellant’s salesman stated that the car was conformed to the Australian Design Regulations but in fact it was not, subsequently causing the respondant had to sell the car at a loss were admissible in view of s92 of the Evidence Rule. In this case, the court held that S92 proviso B and C applied. ( all the agreement has to be in written form, only then the oral statement can be brought in) This two decisions appear to differ as to whether s92 as long as the terms of the contract are reduced in writing or must all the terms of the contract be so reduced.
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