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9 Cards in this Set

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  • Back
What is the parole evidence rule
PER operates in situation swhere the is a writng that represents the FINAL embodyiment ofh the K.
What type of evidence is not barred by PER? (4 exceptions)
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.)
Does a writing need to be signed or complete to be considered final?
No. Although they will look to that as a factor.
What are the two types of integration?
1. Complete - an expression of the parties agreement in its entirety or
2. Partial - an expression integration of only a portion of the agreement
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?
All the others plus:
1. Course of dealing, performance or trade usage of a term is allowed.
What type of evidence does a partially integrated k preclude?
1. Prior agreements that CONTRADICT a term in the contract
2. Contemporanious ORAL agreements
In a partially integrated contract with additional consistent terms, what evidence may be introduced?
1. Contemporanious Writing
2. Course of dealing, course of performance or trade usage.
HOw do you determine whether a writiting is a complete or partial integration? (4 ways)
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.
Merger Clause
If there is a merger clause, the K is presumed to be completely integrated absent proof of fraud, mistake or other defense.