contracts ii outline (APLSA)

contracts ii outline (APLSA) - Contracts II Professor Hart...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Contracts II Professor Hart 2 nd question - If there is a contract, how should it be interpreted? The Meaning of the Agreement: Principles of Interpretation and the Parol Evidence Rule (Problem 6-1) I. What will the court be called upon to interpret? What constitutes the parties agreement? Parol Evidence Rule A. Parol Evidence Rule i. PER Basic Function (Handout) - PER operates to exclude evidence. If PER applies, it has the effect of preventing one party from introducing into court extrinsic (or collateral) evidence of matters not contained in the written agreement between the parties (hence collateral to it), where that evidence is offered to supplement or contradict the written agreement. If PER does not apply (either because the parties haven’t executed or because the offered evidence comes within some exception to the rule), then admission of the evidence turns on the law of evidence. ii. Effect of Integrated Agreement on Prior Agreements (Parol Evidence Rule)- Restatement 213. 1. A binding integrated agreement discharges prior inconsistent agreements to the extent that it is inconsistent with them . 2. A binding completely integrated agreement discharges prior agreements to the extent that they are within its scope . iii. Is there a written agreement? iv. Is the agreement or writing integrated – does it represent the final expression of their agreement? Restatement 209 Integrated Agreements. An integrated agreement is a writing or writings constituting a final expression of one or more terms of an agreement . 1. How does one tell if the writing is integrated under the Classical ( Williston ) approach? a. Determined by “4 corners of the writing” without resort to other evidence of the actual intent of the parties about the significance of the writing. Courts only look at the writing itself to determine if is integrated. b. If the writing contained a “merger clause, ” the existence of the clause conclusively established that the writing was integrated. 2. How does one tell if the writing is integrated under the Modern ( Corbin) approach a. To determine if writing is partial or complete, a court should look at all offered evidence to determine its relevance to the actual intention of the parties. Corbin places much less emphasis on the writing itself than did Williston, and looks much more to the actual intent of the parties. There is no need to make a preliminary finding of ambiguity before the judge considers extrinsic evidence. b. The merger clause is not conclusive in the issue of integration but is only one of the facts that must be considered to determine if the writing is integrated. 3. Whether to admit extrinsic evidence once the parol evidence rule is found to be applicable? a.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 29

contracts ii outline (APLSA) - Contracts II Professor Hart...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online