Are entire agreement clauses entirely effective?

Graw, Stephen (2018) Are entire agreement clauses entirely effective? In: [Presented at the Australasian Law Teachers Association Conference]. From: Australasian Law Teachers' Association Conference 2018, 4-7 July 2018, Perth, WA, Australia.

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Abstract

Entire agreement clauses are inserted into contracts to ensure that matters not included in the formal document are not held to be part of the agreement and, therefore, enforceable. Over time the courts have gradually eroded the effectiveness of such clauses and that has continued with the introduction of unfair contract terms legislation. The paper discussses the extent to which the inclusion of such clauses in written contracts is likely to be an effective way of achieving their stated purpose.

Item ID: 54942
Item Type: Conference Item (Non-Refereed Research Paper)
Keywords: contract, terms, entire agreement clause, unfair contract terms
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Date Deposited: 04 Dec 2019 02:15
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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