11 Oct

This Supersedes Any Agreement

Some courts have held that a party who knew or should have known about future expenses may have committed fraud if those expenses are undervalued during contract negotiations. However, each case must be carefully examined in the light of the particular facts. Courts have sometimes found, apparently in contradiction with the general rule, that a full contractual clause (as opposed to a clear exclusion clause) can be used to exclude implied clauses. Team members who interact with the customer should have access to the customer agreement and be able to explain to the customer that the sum of what was promised to the customer is included in the agreement. . . .