EVIDENCE OF CONDUCT SUBSEQUENT TO MAKING OF ORAL CONTRACT IS ADMISSIBLE

Maggs (t/a BM Builders) v Marsh [2006] EWCA Civ 1058, 7 July 2006

In Maggs (t/a BM Builders) v Marsh [2006] EWCA Civ 1058, 7 July 2006, the Court of Appeal held that evidence of conduct subsequent to the making of an oral contract was admissible when seeking to ascertain the terms of that contract. The rule that evidence of conduct subsequent to the making of the contract is not admissible in evidence is a rule which is confined to written contracts and has no application to oral contracts.