parol EV Flashcards
1
Q
What is the parol evidence rule?
A
if the contract terms are intended to be a final expression of agreement, the terms in the writing cannot be contradicted by extrinsic EV of a prior or contemporaneous agreement
2
Q
What do we look for to determine if a contract is completely integrated?
A
merger clause
3
Q
what can come in under partial integration?
A
any prior or contemporaneous addtl term so long as it is not inconsistent w/ k
4
Q
what kind of extrinsic EV can come in to give meaning to vague terms?
A
course of performance
course of dealings
usage of trade
5
Q
can a statement come in after the writing?
A
YES - this modifies the contract.
6
Q
course of performance
A
how these parties are acting in this k
7
Q
course of dealings
A
how these parties acted in past ks
