that it is wrongly dated,^ want or failure of consideration,
or mistake in fact or law, or any other matter which', if
proved, would produce any effect iipon the validity of any
document, or of any part of it, or which would entitle any
person to any judgment, decree, or order relating thereto.^
(2) The existence of any separate oral agreement as to
any matter on which a document is silent, and which is not
inconsistent with its terms, if from the circumstances of
the case the Court infers that the parties did not intend the
document to be a compl€te and final statement of the
whole of the transaction between them.*

(3) The existence of any separate oral agreement, con-
stituting a condition precedent to the attaching of any
obligation under any such contract, grant or disposition of
property.^

(4) The existence of any distinct subsequent oral agree-
ment to rescind or modify any such contract, grant, or dis-
position of property, provided that such agreement is not
invalid under the Statute of Frauds, or otherwise.''

(5) Any usage or custom by which incidents not ex-
pressly mentioned in any contract are annexed to contracts
of that description ; unless the annexing of such incident
to such contract would be repugnant to or inconsistent with
the express terms of the contract.''

ZReffell V. Beffell, 1866, L. R. 1 P. & D. 139. Mr. Starkie extends
this to mistakes in some other formal particulars. 3 Star. Ev. 787-8.
3 Illustration { c ).
4 Illustrations (d) and (e).
5 Illustrations [f) and {g).
6 Illustration {h).
