Chapter 5 Parole Evidence Rule

Question 1

Agreement

Answer 1

A bargain of parties as found in their language or by implication from other circumstances such as course of dealing, usage of trade, or course of performance

Question 2

Parole Evidence Rule

Answer 2

operates when applicable to bar the introduction of evidence prior or contemporaneous agreements to vary the written agreement

Question 3

2-202

Answer 3

if parties intended the writing as a final expression of their agreement, then the terms may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, BUT may be explained or supplemented

Question 4

2-202 supplements

Answer 4

1. A) By course of dealing or usage of trade (1-205) or course of performance (2-208) and
   a. Course of dealing – previous conduct that can establish a common basis of understanding for interpreting their expressions and conduct
   b. Usage of Trade- a term that is used regularily in a trade , the parties are expected to know that expectation will be observed with respect to the transaction
   c. Course of Performance – where a K for sale involves repeated occasions for performance, any course of performance accepted without objection shall be relevant to determine the meaning of the agreement
2. B) Consistent additional terms unless the court determines the writing was intended as a complete agreement
3. UCC 2-207
   a. Different terms no
   b. Maybe additional consistent terms

Question 5

Parole Evidence Rule is there a writing?

Answer 5

1. If no, parol evidence does not apply
2. Integrated Agreements 209 – is a final expression of one or more terms of an agreement
   a. Determined by court
   b. Reasonably complete = complete unless other evidence establishes that it is not a final expression

Question 6

214 If there is a writing

Answer 6

evidence of prior or contemporaneous agreements are admissible to show (clarification, explanation or definition):

a. Writing is/is not integrated
b. That the integrated agreement is completely or partially integrated
c. Meaning of wirting, whether or not integrated
d. Illegality, fraud, duress, mistake, lack of consideration, of other invalidating cause
e. Ground for granting or denying recission, reformation, specific performance, or other remedy

Question 7

215

Answer 7

whether complete or partially integrated, evidence of prior or contemporaneous agreements is not admissible to contradict a term of a writing