Contracts _ Contract Content + Meaning (PER) Flashcards

1
Q

Parol Evidence:

PAROL EVIDENCE

A
  • Adding more terms to a contract
  • Must be information discussed PRIOR TO or AT THE TIME the parties entered the contract
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2
Q

Parol Evidence Admissible or Not?

Final/Complete Integration:

PAROL EVIDENCE

A
  • Parol Evidence is NOT admissible
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3
Q

Parol Evidence Admissible or Not?

Merger Clause:

PAROL EVIDENCE

A
  • Final agreement between the parties
  • Parol Evidence is NOT admissible
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4
Q

Exception to Final/Complete Integration:

PAROL EVIDENCE

A
  • Terms added to clear up an ambiguity
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5
Q

Admissible (general; explains/supps., contract/materially alters

Partial Integration:

PAROL EVIDENCE

A
  • Parol Evidence IS admissible
  • Evidence that explains or supplements the
    original K
    IS admissible
  • Evidence that contradicts or materially alters
    the K
    is NOT admissible
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6
Q

Parol Evidence IS admissible to show:

PAROL EVIDENCE

A
  • Fraud
  • Mistake
  • Duress
  • Condition precedent * Course of dealing
  • Trade custom
    Example:
    o This is the way we always deliver the tomatoes.
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