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This statement appears to be quite accurate. In the making of a contract there are many things to consider such as boastful statements. Which are legally considered to be puff and are not binding on a contract. Puffs should be distinguished from a representation which if proven to be false one can seek damages. There is some confusion here in the law. As a statement that induces somebody to enter in to a contract that has specialist knowledge is binding as in the case of Dick Bentley productions Ltd v. Harold Smith Ltd.

Even before a contract is signed as J Evans and son v, Mezario it was ruled that a verbal arrangement before the contract was made is binding. In this case it concerned the way goods should be transported in the cargo hold and not on the deck. The courts ruled that a breach of that term would be a breach of the contract.

Statements too can play a big part in contracts and the courts attach a significant importance to them in Bannerman v. White. The defendant state that if the good had been treated with sulphur he was not interested in the at all. The courts found the statement to be so important that they held that it had become a part of the contract.

There are other factors outside what is agreed in a contract that can play a significant part. For example the timing of a statement is also important as in Routledge v. McKay Where a motorcycle was issued with the wrong incorrect date of registration. The buyer sued on the basis that the motorbike was in fact older than he had thought. The courts ruled that passing of time was too great to infer that the contract was formed on the basis of time. As such the statement was not incorporated into the contract.

Parole evidence is where the admittance of any evidence outside the contract is not admissible. The stance has changed in recent time with the law commission recommending that the rule should be abolished. By 1986 it was generally excepted that with the consent of the parties involved that it could be admitted.

There are terms in law that can be implied by fact. A good example of this is the Moorcock. Where a ship broke in half while it was being repaired. The claimant sued for damages based upon the idea that although it was not written in the contract it was implied that they would look after the ship. The courts accepted that there are implied terms in a contract that are not written.

The last elements that are not written in a contract that have a bearing on them is Statutory implied terms. This is covered by the sale of goods act 1979. Section 12, the seller will have the right to sell the goods again. Section 13 That good will correspond with the description. Section 14 (2) That the goods are of satisfactory quality. Section 14 (2a) that the goods are of a satisfactory quality that a reasonable person would accept in regard to price, description etc. Section 14 (2C) Any defect must be drawn to the notice of the buyer before the contract is signed.