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9 Cards in this Set
- Front
- Back
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What is the parole evidence rule
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PER operates in situation swhere the is a writng that represents the FINAL embodyiment ofh the K.
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What type of evidence is not barred by PER? (4 exceptions)
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1. Evidence that aids in the interpretation of existing terms
2. Proof writing is not integrated, integrated or partially integrated. 3. Subsequent agreements 4. Show how the contract was entered into - (illegality, fraud, durress, mistake, lack of consideration etc.) |
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Does a writing need to be signed or complete to be considered final?
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No. Although they will look to that as a factor.
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What are the two types of integration?
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1. Complete - an expression of the parties agreement in its entirety or
2. Partial - an expression integration of only a portion of the agreement |
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While there are 4 exceptions of evidence that are admissible to determine whether a contract is completely, partially or not integrated at all, what evidence is admissible if the K is completely integrated?
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All the others plus:
1. Course of dealing, performance or trade usage of a term is allowed. |
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What type of evidence does a partially integrated k preclude?
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1. Prior agreements that CONTRADICT a term in the contract
2. Contemporanious ORAL agreements |
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In a partially integrated contract with additional consistent terms, what evidence may be introduced?
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1. Contemporanious Writing
2. Course of dealing, course of performance or trade usage. |
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HOw do you determine whether a writiting is a complete or partial integration? (4 ways)
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1. 4 corners or plain meaning rule.
2. Collateral contract concept - all final writings are deemed to be partial integrations 3. Reasonable person - if a writing appears to be a complete expression of parties agreement, it is so complete UNLESS the additional terms are such that it woudl be NATURAL to enter a separate agreement as to such terms, in which case the writing is a partial integration. 4. Intention of the parties. |
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Merger Clause
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If there is a merger clause, the K is presumed to be completely integrated absent proof of fraud, mistake or other defense.
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