Contract law: Statement not written in contract?
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Contract law: Statement not written in contract?
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C signed a 3 year contract to work with the company.
Just before C signed the contract, the managing director of the company said that if after 1 year C unhappy C can be release from the contract.
But the statement is not written in the contract.
Is the statement incorporated into the contract or not?
if C don't want to continue the contract after one year, what C have to do?
Additional Details
C working as a jockey for the a racing stable company
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Lisa
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I would say that the parol evidence rule would be able to be applied if and only if, the words contained in the written contract are a full integration of their contract as opposed to a partially integrated one. It also appears, that the party inducing C to sign, made that statement at the last minute, and depending on the intent of that party (meaning if he meant to mislead him on false information to get him to sign), C could claim that the statement was made fraudulently to induce him to sign, and in that case, it would be an exception to the parol evidence rule. And because it would be an exception due to fraud, the 1 year provision would be allowed in because it is 1 year or less and doesn't need to be in writing for statute of frauds and because verbal agreements are enforceable, but the remedy would be to rescind the contract based on misrepresentation and/or fraud. I guess my answer is, it depends. |
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Smita
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the statement is not part of the contract and parole evidence rule won't allow the statement to come in. |
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Tina Marie
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Your saying if C wasn't happy after 1 year he could be released from the contract. If I wasn't happy at my job I wouldn't wait a year to quit. Anyway, everything needs to be put in writing. |
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truth_unadulterated
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If both parties agree to the terms, then it should be fine.
There is nothing in the law that says parties cannot mutually modify contracts. |
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regerugged
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Verbal contracts are legal. If both sides agree that the one-year release applies, then no problem.
If the managing director denies the release, it is then up to C to prove that the agreement was made. |
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