Consumer Protection (Fair Trading) Act · 2023 Revised Edition
16. Parol evidence rule abolished
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding sections 91 and 92 of the Evidence Act
(Chapter 108), 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.
consumer transaction
“consumer transaction” means — (a) the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or (b) an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement, but does not include any transaction specified in Schedule 1;
Subsection (1) shall not be applicable to establish the existence of any express warranty in respect of goods or services intended for business use.
goods
“goods” means — (a) any personal property, whether tangible or intangible, and includes — (i) chattels that are attached or intended to be attached to real property on or after delivery; and Consumer Protection (Fair Trading) (ii) credit, including credit extended solely on the security of land; (b) any residential property; or (c) a voucher;
Terms defined in s 2
consumer
Defined · s 2“consumer” means an individual who, otherwise than exclusively in the course of business — (a) receives or has the right to receive goods or services from a supplier; or (b) has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
consumer transaction
Defined · s 2“consumer transaction” means — (a) the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or (b) an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement, but does not include any transaction specified in Schedule 1;
goods
Defined · s 2“goods” means — (a) any personal property, whether tangible or intangible, and includes — (i) chattels that are attached or intended to be attached to real property on or after delivery; and Consumer Protection (Fair Trading) (ii) credit, including credit extended solely on the security of land; (b) any residential property; or (c) a voucher;
services
Defined · s 2“services” includes — (a) a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property; (b) a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners; (c) the right to use time share accommodation under a time share contract;
supplier
Defined · s 2“supplier” means a person who, in the course of the person’s business — (a) provides goods or services to consumers; (b) manufactures, assembles or produces goods; (c) promotes the use or purchase of goods or services; or (d) receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, shall have corresponding meanings;
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