Terms

Question 1

Parol evidence rule

Answer 1

keeps out evidnec eof a prior or contemporaneous agreement (oral or written) that contradicts later writing

requires a writing - if oral then no parol evidence problem

Question 2

exception to parol evidence

Answer 2

1. correct clerical error (typo)
2. establish a defense against formation
3. interpret a vague or ambiguous term
4. add to a partially integreated writing (cannot be final K)

later words or writing cannot come in. only contemporaneous or prior

Question 3

conduct as a source of terms

Answer 3

course of performance - how parties performed under prior INSTALLMENTS of this contract

course of dealing - what parties did under PRIOR CONTRACTS with each other

usage of trade - what others in the trade do in similar Ks

Question 4

Express warranty

Answer 4

describe the goods, promise facts about the goods, showing a sample or model but NOT opinion

Question 5

implied warranty

Answer 5

goods are fit for their ordinary pruposes. Must be a mercahnt who deals in teh goods of the kind

Question 6

implied warranty of fitness for a paritcular purpose

Answer 6

goods are fit for buyer’s particular purpose. Seller must KNOW buyer has special purpose and is relying on seller to select suitable goods.

Question 7

limitation on warranty liability in sale of goods

Answer 7

seller can disclaim implied warranties but not express warranties

can disclai all implied warranties but must be consicuous