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11 Cards in this Set
- Front
- Back
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WHAT IS THE TERM FOR AN AGREEMENT THAT IS THE COMPLETE & FINAL EXPRESSION OF THE PARTY'S INTENT AND TERMS OF THE AGREEMENT |
FULLY INTEGRATED |
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A MIXED CONTRACT (PART ORAL AND PART WRITTEN) IS CONSIDERED WHAT? |
PARTIALLY INTEGRATED |
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WHAT EVIDENCE IS RESTRICTED FROM A PARTIALLY INTEGRATED AGREEMENT? |
ANY TERM INCONSISTENT |
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TRUE OR FALSE A PARTY INDUCED BY FRAUD VERBALLY, IS PRECLUDED FROM ASSERTING FRAUD AS A DEFENSE TO A CLAIM OF PAROL EVIDENCE EXCLUSION |
FALSE TRADER'S BANK V DILS FRAUD IS AN EXCEPTION TO THE PAROL EVIDENCE RULE. EVIDENCE TO THE FRAUD MAY BE ADMITTED |
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WHAT EVIDENCE IS RESTRICTED FROM A FULLY INTEGRATED AGREEMENT? |
ANY INCONSISTENT AND SUPPLEMENTAL EIVDENCE WITHIN THE SCOPE OF THE INTEGRATION |
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WHAT UCC STATUTE CONCERNS |
§ 2-202
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TRUE OR FALSE §2-202 ALLOWS EVIDENCE OF DENYING A TERM OF THE AGREEMENT? |
FALSE § 2-202 THE AGREEMENT "MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR AGREEMENT OR CONTEMPORANEOUS |
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TRUE OF FALSE |
TRUE §2-202 ALLOWS SUPPLEMENTAL EVIDENCE OF COURSE OF PERFORMANCE, COURSE OF DEALING, TRADE USAGE, SUPPLEMENTAL TERMS. 2-202 (1)(a) & (b). |
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DOES THE COURT HAVE TO 1ST DETERMINE THE LANGUAGE IS AMBIGUOUS IN AN AGREEMENT FOR COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USED? |
NO. TERMS IN A RECORD MAY BE EXPLAINED BY EVIDENCE OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USE WITHOUT A PRELIMINARY DETERMINATION BY THE COURT OF AMBIGUOUS LANGUAGE. 2-202 (2) |
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What term does this describe: "the absence of reasonable harmony in terms of the the language and respective obligations of the parties." |
Inconsistency Apex |
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TRUE OR FALSE PAROL EVIDENCE MAY BE ADMITTED TO INTERPRET THE AGREEMENT TO ESTABLISH THE MEANING OF THE WRITING, REGARDLESS OF INTEGRATION |
TRUE 2ND RESTATEMENT §214(C) |
