This is due to the Estoppel doctrine by convention, which was recently discussed under the comprehensive contractual clauses contained in Mears Ltd/Shoreline Housing Partnership Ltd3. 1. Implicit Terms – A full clause in the contract generally does not exclude implied terms. In the case of Mears Ltd/Shoreline Housing Partnership Ltd.B, a social housing landlord (Shoreline) entered into an agreement with which Mears (a maintenance contractor) would manage shoreline real estate. Mears began working for the owner six months before the contract was signed. Mears` labour cost calculations were based on a different price list than the signed contract formula. Subsequently, it turned out that the price list was not working and the parties agreed on a new composite code system. Mears was billed and paid according to the new composite code.
(a) where a written contract contains a clause stating that the document contains all contractual clauses (“merger clause,” “full contractual clause”), previous statements, commitments or agreements not included in the document are not part of the contract. First, such a clause does not prevent the parties from relying on “extrinsic” statements or documents in the contract – that is, documents that can be used to inform the importance of the contract (although such extrinsic documents cannot be used to establish a separate contractual agreement between the parties). The final contract contained a full contractual clause.