Hawrish v. Bank of Montreal

Ability: No Laxity, So No Escape

Heilbut: Collateral contracts are rare. Once things are written down, it would be odd to change them orally.

Parol Evidence • 10×

Hawrish receives an oral assurance that he wouldn’t be liable (collateral contract), but the bank relied on the written agreement to sue him. Hawrish loses because of pre-emptive strike (zinger clause) which says that the guarantor agrees that bank has made no representations.