EXPRESS TERMS

These are the oral and written terms agreed upon by the parties. Written terms prevail over oral terms. If contractual terms are written, oral evidence is generally not admissible to vary or explain the written terms.

However, such evidence is admissible to prove that:
1. The contract was subject to a particular trade usage or custom.
2. The parties had not incorporated all the terms into the document.
3. The parties had agreed to suspend the agreement until some event occurred

If handwritten, printed and typed terms contradict, the handwritten terms prevail as they are a better manifestation of the parties‘ intentions. It was so held in Glynn v. Margetson

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