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
2
Q
Parol Evidence Admissible or Not?
Final/Complete Integration:
PAROL EVIDENCE
A
- Parol Evidence is NOT admissible
3
Q
Parol Evidence Admissible or Not?
Merger Clause:
PAROL EVIDENCE
A
- Final agreement between the parties
- Parol Evidence is NOT admissible
4
Q
Exception to Final/Complete Integration:
PAROL EVIDENCE
A
- Terms added to clear up an ambiguity
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
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.