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Is it separate from the main contract 2 an example of

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1) Define a collateral contract (Parker & Box, p 146). Is it separate from the main contract? 2) An example of a collateral contract was found in the case of De La Salle v Guildford (Parker & Box, 146-147) a) In De La Salle v Guildford , was the verbal promise made prior to the signing of the document enforceable? Why? The tenant sued successfully. The assurance was considered a separate collateral contract that was related to the main lease. The landlord breached the contract and was responsible for damage b) What were the factors that must be proven to successfully argue the existence of a collateral contract? To prove that a collateral contract exists, the factors are different from those required to prove a contract is partly written and partly oral. The collateral promise must be consistent with all of the terms of the main contract (Hoyts Pty Ltd v Spencer) The promise must be the only reason the promisee enters into the main contract (motivational link) (JJ Savage and Sons Pty Ltd v Blakney) c) Did the finding of a collateral contract in that case overcome the problem of the parole evidence rule? Exercise 7.5Incomplete Written Contracts (Partly Written/Partly Oral) 1) Read the case of Van Den Esschert v Chappell (Parker & Box, p 143- 144) and answer the following questions:
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a) Was the verbal (spoken) promise made prior to the signing of the document in Van Den Esschert v Chappell enforceable? Yes it was. The verbal promise was made prior to the buyer signing the contract, so even though it was not written in the contract it was considered a term of the contract. The buyer sued successfully. b) What kind of contract did the court state that the agreement between the parties was? Contract was found to be partly oral/partly written. The question was obviously important to the purchaser and tipped him over the line c) What two factors did the court state must be proven if a verbal statement is to be considered a term of a partly written, partly verbal contract? The purchaser made a specific request to be informed before signing the contract. An affirmative answer was of such a nature, that it was intended to be made part of the contract. d) What is the difference between ‘relative importance’ and ‘motivation’ in regards to ‘partly written, partly oral’ and ‘collateral’ contracts? Relative importance is necessary in order to argue that a contract is partly written/partly oral Motivation is necessary in order to argue that a contract is a collateral contract Exercise 7.6 The partly written/partly oral exception to the parol evidence rule and the collateral contract argument are somewhat interchangeable. With that in mind, answer the following problem question using the IRAC method. Your answer should discuss both possibilities. Marcel wants to buy a used car. He knows the make, model and colour of the car he wants to buy. He visits several car dealers who can supply the type of car he wants.In discussions with one dealer, Yvonne, she tells Marcel that if he chooses to buy the car from her, she would fit the car out with high quality new tyres.
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