K TERMS Flashcards
1
Q
Contract Terms:
Parol Evidence Rule
A
Integration issues: (1) Did parties intend K to be final agmt? (2) Was integration complete or partial?
Merger clause: highly persuasive but not determinative K is fully integrated.
No PE to reform or contradict written terms, unless
there’s a mistake in integration.
2
Q
Contract Terms:
When is Parol Evidence allowed?
A
Parol Evidence ok to:
1) Argue defense to enforcement;
2) Explain ambiguous terms;
3) Provide add’l terms if only partial integration, or
4) Provide add’l terms if they would ordinarily be in separate agreement.
