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7 Cards in this Set
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Views of how to determine whether the writing is complete. (Parol Evidence) |
4CWCR(2nd)UCC |
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The Four Corner's Rule |
Does the writing "on its face" appear to be an integration? If total (final and complete) integration, then parol evidence cannot be admitted. |
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Collateral Contract |
In order to allow evidence of an oral agreement to modify a written contract three conditions must exist: 1) the agreement must be in form be a collateral one, 2) it must not contradict express or implied provisions of the written contract, 3) it must be one that the parties would not ordinarily be expected to embody in the writing |
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Williston's View (Majority) |
First apply merger clause; if none, use the four corners test. Then, if the writing appears complete, it is a total integration unless using the reasonable person test, the additional term would naturally be excluded. |
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Corbin's View (California) |
determine actual intent of the parties by use of all relevant evidence. |
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Restatement (Second) |
Parol evidence is admissible if it concerns a term that would naturally be omitted from the written agreement. |
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The UCC (section 2-202) Approach |
The UCC allows oral testimony to supplement the written agreement where it is not inconsistent and where the writing is not a complete and exclusive statement of the terms of the agreement. |