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Part 4 · General

39. Parol evidence rule abolished

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(1)

Despite sections 93 and 94 of the Evidence Act 1893, parol or extrinsic evidence establishing the existence of an express warranty is admissible in any action relating to a consumer transaction between a consumer and a supplier even though it adds to, varies or contradicts a written contract.

(2)

Subsection (1) is not applicable to establish the existence of any express warranty in respect of goods or services intended for business use.[17

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