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6 Cards in this Set

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Integrated Agreement 209
1) An integrated agreement is a writing or writings constituting a final rexpression of one or more terms of an agreement
2) Whether there is an integrated agreement is to be determined by the court as a question preliminary to determination of a question of interpretation or to application of the parol evidence rule
3) Where the parties reduce an agreement to a writing which in view of its completeness and specificity reasonably appears to be a complete agreement, it is taken to be an integrated agreement unless it is establisehed by other evidence that the writing did not constitute a final expression
Effect of Integrated Agreement on Prior Agreements (rule)
1. A binding integrated agreement discharges prior agreements to the extent that it is inconsistent with them
2. A binding completely integrated agreement discharges prior agreements to the extent that they are within its scope
3. An integrated agreement that is not binding or that is voidable and avoided does not discharge a prior agreement. But an integrated agreement, even though not binding, may be effective to render inoperative a term which would have been part of the agreement if it had not been integrated.
Evidence of Prior Negotiations 214
1. Agreements and negotiations prior to or contemporaneious with the adoption of a writing are admissible in evidence to establish:
a. That the writing is or is not an integrated agreement
b. That the integrated agreement, if any, is completely or partially integrated
c. The meaning of the writing, whether or not integrated
d. Illegality, fraud, duress, mistake, lack of consideration, or other invalidating cause,
e. Ground for granting or denying rescission, reformation, specific performance, or other remedy
Contradiction of integrated terms-215
1. Where there is a binding agreement, either completely or partially integrated, evidence of prior or contemporaneous agreements or negotiations is not admissible in evidence to contradict a terms of the writing
Consistent Additional Terms-216
1. Evidence of a consistent additional terms is admissible to supplement an integrated agreement unless the court finds that the agreement was completely integrated
2. An agreement is not completely integrated if the writing omits a consistent additional agreed terms which is
a. Agreed to for separate consideration or
b. Such a term as in the circumstances might naturally be omitted from the writing
Integrated Agreement subject to oral requirement of a condition-217
1. Where the parties to a written agreement agree orally that performance of the agreement is subject to the occurrence of a stated condition, the agreement is not integrated with respect to the oral condition.