Parol Evidence Flashcards
1
Q
Parol Evidence
A
Allows to introduce evidence of agreements or terms not put into the express contract
2
Q
Parol Evidence: The Big Question
A
Is the writing Integrated?
- Is it complete integration?
- Is it partial integration?
3
Q
Integrated
A
Final (as opposed to in negotiation)
4
Q
When is Parol Evidence allowed?
A
When there is partial integration.
NOT complete integration
5
Q
Mitchill v. Lath
A
Even though the icehouse does not contradict the writing, it is the sort of thing we assume would have been part of the deal
6
Q
Mitchill Test
A
Agreement must be:
- collateral
- Not contradict written contract
- Be one the parties would not ordinarily be expected to embody in the writing
7
Q
Collateral
A
separate
8
Q
Masterson v. Sine
A
We should exclude evidence only if the factfinder will be misled
- We need to find a reason someone would have left something out of the writing
most courts would reject
9
Q
Integrated Agreements
A
A final agreement in writing
-
10
Q
2-202
A
11
Q
How consistent do terms need to be to not contradict?
A
UCC: reasonable harmony
