Parol Evidence Rule Flashcards
Under the common law evidence of additional terms is generally admissible even if the written contract appears to be completely integrated if the alleged terms __________.
are of a type that would naturally be omitted from a written agreement.
Parol evidence is inadmissible as to
conditions subsequent.
Parol evidence is generally admissible if the alleged parol agreement is
collateral to the written obligation.
When the parties to a contract express their agreement in a writing with the intent that the writing embody the final expression of their bargain, this is known as __________.
an integration
An implied in law contract, also known as a quasi-contract,
is a remedy to avoid unjust enrichment.
Extrinsic evidence of a condition precedent to a fully integrated agreement is admissible, despite the parol evidence rule, because __________.
It is not altering the written agreement—the agreement comes into being only if the condition is met
The Parol Evidence Rule is
A rule of substantive contract law that prohibits the admission of extrinsic evidence that seeks to vary, contradict, or add to a completely integrated writing
What does it mean if a term is “collateral” to a written agreement?
The term is related to the subject matter of the agreement, but not part of the primary promise
With respect to a completely integrated written agreement, parol evidence can be received to aid a fact-finder when there is a dispute as to __________.
the meaning of an ambiguous term within the agreement.
This type of evidence may be outside the scope of the Parol Evidence rule:
Evidence of a condition precedent to effectiveness
Under Article 2’s version of the parol evidence rule, a party __________.
May offer evidence explaining or supplementing the existing terms of an integrated writing, whether or not the writing appears to be ambiguous
What is the difference between the Corbin Test and the Williston Test?
The Corbin test takes into account the specific circumstances of the transaction involved, whereas the Williston test looks only at the face of the written agreement.
A partially integrated writing may
Not be contradicted but may be supplemented by proving consistent additional terms
Despite the parol evidence rule, a party to a fully integrated written contract can always offer evidence __________.
Attacking the agreement’s validity at the time of formation
This type of evidence is outside the scope of the Parol Evidence rule:
Evidence showing the “true consideration” paid.
