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Question 1

What essay questions should you ask when you hit a parol evidence question?

Answer 1

• is there a writing?
• is the contract integrated?
• is the integration total or partial?

Question 2

What is the other name for the Williston rule?

Answer 2

Formal intent test/traditional view

Question 3

What is the other name for the Corbin rule?

Answer 3

Actual intent test/modern majority view

Question 4

What is a partial integration?

Answer 4

The final writing that doesn’t completely express the parties’ contract

Question 5

Can parol evidence be admitted for a partial integration?

Answer 5

Yes, but only to supplement, not to contradict

Question 6

Is Parol evidence admissible to show lack of consideration?

Answer 6

Yes, always

Question 7

If you make a written agreement with someone that stipulates the price that has already been paid, but in truth no consideration was paid, it was just an attempt at a binding donative promise, can you use parole evidence to show that?

Answer 7

Yes

Question 8

If a writing is not an integration, what test should it follow to determine its intent?

Answer 8

Tentative working test/standard of reasonable expectation

Question 9

What is the tentative working test/standard of reasonable expectation?

Answer 9

A non-integration is given the meaning the party making it would have reasonably expected the other party to give it

Question 10

What kind of extrinsic evidence is admissible on a non integration?

Answer 10

All extrinsic evidence except subjective intent

Question 11

What is the triad?

Answer 11

• course of performance
• course of dealing
• usage of trade

Question 12

Is the triad admissible as extrinsic evidence?

Answer 12

Yes

Question 13

Why is anything from the triad not considered parol evidence?

Answer 13

Because this doesn’t concern agreement between the parties, so they are admissible even if they contradict the writing

Question 14

When is subjective intent allowed under the parole evidence rule?

Answer 14

If the non-integration is ambiguous or parties have different understandings about the meaning of a word

Question 15

If parties have different understandings about the meaning of a word, how is the contract enforced?

Answer 15

According to the understanding of the party that was unaware of the ambiguity

Question 16

If there is a conflict about a material term and both parties are either guilty or blameless, what is the result?

Answer 16

No contract

Question 17

If a writing is not a final embodiment, does the parol evidence rule apply?

Answer 17

No

Question 18

If a document is prepared by one party, sent to another party, and the other party doesn’t respond before performance, is that an integration?

Answer 18

Yes

Question 19

If one of the parties or a third-party makes a mistake when writing down the agreement, is parol evidence allowed to reform the writing?

Answer 19

Yes