Agreement Supersedes Previous

If, for any reason, the prior agreement is not explicitly included, this prior agreement may, in certain circumstances, give rise to a legally binding obligation, notwithstanding the fact that the contract contains a full contractual clause. This is due to the doctrine of breach of law by agreement, which was recently investigated in relation to entire contractual terms in Mears Ltd against Shoreline Housing Partnership Ltd3. (a) If a written contract contains a clause stating that the document contains all the contractual terms („merger clause“, „aggregate contract clause“), previous declarations, commitments or agreements not included in the document do not belong to the Treaty. Entire contractual clauses are often classified by signatories as „Boilerplate“ clauses. . . .

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