Flashcards in Page 24 Deck (19):
What essay questions should you ask when you hit a parol evidence question?
- Is there a writing?
- is the contract integrated?
- is the integration total or partial?
What is the other name for the Williston rule?
Formal intent test/traditional view
What is the other name for the Corbin rule?
Actual intent test/modern majority view
What is a partial integration?
The final writing that doesn't completely express the parties' contract
Can parol evidence be admitted for a partial integration?
Yes, but only to supplement, not to contradict
Is Parol evidence admissible to show lack of consideration?
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?
If a writing is not an integration what test should it follow to determine its intent?
Tentative working test/standard of reasonable expectation
What is the tentative working test/standard of reasonable expectation?
A non-Integration is given the meaning the party making it would have reasonably expected the other party to give it
What kind of extrinsic evidence is admissible on a non integration?
All extrinsic evidence except subjective intent
What is the triad?
Course of performance, course of dealing, usage of trade
Is the triad admissible as extrinsic evidence?
Why is anything from the triad not considered parol evidence?
Because this doesn't concern agreement between the parties, so they are admissible even if they contradict the writing
When is subjective intent allowed under the parole evidence rule?
If the non-integration is ambiguous, parties have different understandings about the meaning of a word
If parties have different understandings about the meaning of a word, how is the contract enforced?
According to the understanding of the party that was unaware of the ambiguity
If there is a conflict about a material term and both parties are either guilty or blameless, what is the result?
If a writing is not a final embodiment, does parol evidence rule apply?
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?