ABSTRACT
But, a contract may be partly oral and partly written (see Couchman v Hill (1947) above). In Evans & Sons Ltd v Andrea Merzario Ltd (1976), an oral assurance that machinery would be stowed under, not on the deck was held to be a term of a contract, although it was not incorporated into the written terms. The court held that the contract was partly oral and partly written, and, in such hybrid circumstances, the court was entitled to look at all the circumstances.
