parole evidence

Question 1

applies to

Answer 1

final written agreements

Question 2

to determine whether a contract is fully integrated courts look at..

Answer 2

• merger clause
• comprehensiveness
• parties’ intent

Question 3

merger clause

Answer 3

• if the contract includes a clause stating that it is fully integrated

Question 4

comprehensiveness

Answer 4

• if the contract appears final and includes all materials

Question 5

parties intent

Answer 5

courts may assess evidence such as negotiations to determine parties intent

Question 6

a contract may be partially integrated if..

Answer 6

1. has a consistent term AND
2. has separate consideration OR
3. might naturally be omitted from the writing

Question 7

parole evidence rule bars..

Answer 7

extrinsic evidence of prior or contemporaneous agreements that contradict a fully integrated written contract

Question 8

does not bar evidence of

Answer 8

• fraud
• modifications
• subsequent agreements
• mistake
• duress
• illegality
• collateral agreement

Question 9

a collateral agreement

Answer 9

1. does not contradict
2. exists alongside the main contract
   - is separate but related
   - usually has a distinct promise

Question 10

a partially integrated agreement may be..

Answer 10

final to some terms and not others