Chapter 10: Parol Evidence Rule Flashcards Preview

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Flashcards in Chapter 10: Parol Evidence Rule Deck (18):
1

Parol Evidence Rule (def)

A barrier that prevents certain extrinsic evidence and determines what type of evidence a jury may hear.

2

Extrinsic evidence (def)

Not in written k

3

Integration (types)

Complete, Partial, None

4

Complete Integration (rule)

If complete, extrinsic evidence is barred

5

Partial Integration (rule)

Only admit consistent evidence

6

No Integration (rule)

Let in automatically

7

PER (Steps)

1. Does PER apply at all?
2. Integrated at all?
3. Degree of integration
4. If partial, determine if it is consistent or contradicts the written k. if It contradicts, it is not admissible.

8

Does PER apply (rule)

Is it already admissible? Is it oral or written? Is it prior, contemporaneous or subsequent? Is there separate consideration for the promise?

9

PER applies to:

Prior oral
Prior written
Contemporaneous oral
No extra consideration

10

Does not apply:

Subsequent oral
Subsequent written
Separate consideration
Contemporaneous written

11

Does it apply? (steps)

1. Is it oral or written
2. Prior, contemporaneous or subsequent
3. Separate consideration?

12

Not integrated at all when:

1. Developed a doc known as a draft and enter into oral agreement
2. Claim that a letter confirming agreement that was not seen, signed, agreed to was binding

13

Merger clause (integration degree)

Fully integrated

14

Williston (rule)

4 corners (textualist)

15

Corbin (rule)

All evidence (Intentionalist)

16

Conflict test (types)

In harmony with terms or complete negation

17

Ambiguity (rule)

100% of evidence let in. Corbin says let in evidence to determine if ambiguous. Williston says ambiguous on face.

18

PER exceptions (allowed in)

1. To prove mistake while written
2. Ambiguity
3. Defense
4. Justifying a decision about remedy (law or equity)