Contracts Flashcards
(4 cards)
1
Q
Parol evidence rule
A
Prevents a party to a written contract from presenting evidence of a prior or contemporaneous agreement
2
Q
Express condition
A
Explicit clause stating that an uncertain future event will (1) create a duty to perform or (2) extinguish a duty to perform
3
Q
When is parol evidence admissible
A
(SCARED)
Subsequent modifications
Collateral agreements
Ambiguous terms
Remedy grounds
Extent of integration
Defense to formation
4
Q
Constructive condition precedent
A
Each party’s performance of its own promise
If either party fails to substantially perform, the other party’s duty is excused