20 Mar 1992
CHEUK TZE KWOK v. LEUNG YIN KING AND ANOTHER
- Citation
- CHEUK TZE KWOK v. LEUNG YIN KING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA4387/1991
The court held that on the evidence (assumed in plaintiff's favour for present procedural stage) there was no admissible collateral agreement capable of defeating the written terms because the written agreement containing an entire agreement clause must be given effect; clause 7 permits the vendor an immediate option to discharge the contract by payment and thus precludes specific performance; where the written document fails to record the true agreement the correct remedy is rectification or a claim against the agent, not permitting collateral terms to undermine an entire agreement absent se…