Can an oral agreement or representation be used to establish a collateral agreement?
British Columbia, Canada
The following excerpt is from Chateau Granville Partnership v. Kindred Construction Ltd., 2012 BCSC 867 (CanLII):
The parol evidence rule is not absolute, as pointed out by Lambert J.A. in Gallen v. Butterley [citations omitted]. Thus evidence of an oral agreement or representation may be admissible notwithstanding the existence of a written document to establish a collateral agreement which, although oral, is enforceable.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
Does the entire agreement clause in the Lease precludes any cause of action based on a collateral promise or agreement? (British Columbia, Canada)
When parties have negotiated their own maintenance agreement following their divorce, can the agreement be respected? (British Columbia, Canada)
Can a secured party to a general security agreement require them to pay legal fees to preserve collateral? (British Columbia, Canada)
Can a lawyer who entered into a fixed fee agreement with a client without the client signing a written agreement with respect to the amount of money that was deposited into his general account? (British Columbia, Canada)
What is the effect of a personal property agreement on property that would have occurred without the agreement? (British Columbia, Canada)
What is the test for establishing that an agreement is not a conspiracy? (British Columbia, Canada)
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized? (British Columbia, Canada)
If an agreement on all essential terms has been established, does the court need to imply some terms to give business efficacy to the bargain? (British Columbia, Canada)
What is the onus on a party seeking to set aside an agreement that was entered into the agreement? (British Columbia, Canada)
