POL- Nov19

POL- Nov19 - Parole Evidence Rule- after you have written...

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Parole Evidence Rule- after you have written an agreement or document that represents terms of contract, you can not act in ways that are not conducive to the original agreement. No means of modification. Example- a debt of $100, but you can only pay $50 and your creditor accepts, that promise is legally binding Damages Equitable remedy for contract law- “I will make you do what you said you were going to do” -Specific performance compels people to do things -Discretionary: i.e. court still has discretion to make final decision Specific performance- you must prove that your claim requires more than just monetary damages. Land is the best example. Contract of personal service is not sufficient because the court doesn’t want to force professional relationships Purpose of damages in contract law- to put plaintiff in the position they would have been, had the contract been performed -ideal, difficult to figure out When a contract specifies damages that may occur if someone sues, that is called liquidative damages Case Study: Hadley vs. Baxendale -Hadley needed a part delivered by a carrier (Baxendale) -Needed same day delivery, carrier’s representative said that it could be done, but it wasn’t -Hadley needed to shut down the factory for a couple days as a result of not having the part, and sued Baxendale for loss of profits -At trial, jury found that they could recover money for loss of profits. On appeal, the judge decided that
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This note was uploaded on 04/04/2009 for the course PHIL 2821 taught by Professor Klimchuk during the Spring '09 term at UWO.

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POL- Nov19 - Parole Evidence Rule- after you have written...

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