Contract Content and Meaning Flashcards
1
Q
Parole Evidence
A
Were trying to add more terms into the contract we already agreed to.
It has to be stuff that were trying to admit to that we discussed/ negotiated/talked about prior to or at the time we entered into the contract.
If after we entered into the contract its admissible and the parole evidence rule doesn’t apply.
2
Q
What comes in with parole Evidence
A
- If it’s a complete or final integration contract parole evid will not be admissible.
a) Exception- to clear up an ambiguous term
- Gen rule: If partial integration parole evidence is admissible- can bring in other stuff cuz we didn’t wanna stop it from coming in in the first place
b) Cnt come in anything that contradicts or martially alters the terms of the contract.
AKA: Evidence that explains or supplements the original K is admissible.
3
Q
Other exceptions where you can still bring in parole evidence
A
- Any evidence which will show fraud, mistake or duress
- existence of a condition precedent
- When doing sale of good any info that comes in to show course of dealing, the customs of the trade this will always come in.