Does a verbal promise or representation of fact take priority over a printed condition in a contract?
Saskatchewan, Canada
The following excerpt is from Canadian Acceptance Corporation Limited v. Mid-Town Motors Ltd., 1970 CanLII 593 (SK QB):
There is authority in law to support the proposition that a verbal promise or representation of fact on which the other party acts by entering into the contract takes priority over any printed condition in the contract. The recent case of Mendelssohn v. Normand Ltd. [1969] 3 WLR 139, [1969] 2 All 1215, not only supports this proposition, but at the same time re-inforces, what in England was fairly well settled law.
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