law notes V and VI - V. Outside the Contract THE PAROL...

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V. Outside the Contract THE PAROL EVIDENCE RULE pg 213-217 The Meaning of the Rule Parol evidence rule – a rule preventing a party to a contract from later adding a term previously agreed upon but not included in the final written contract Exclude terms that one party claims should be added to the contract Does not exclude contract’s legality, capacity, mistake, duress, undue influence or fraud The Consequences of the Rule Sometimes parties agree to omit a term from final k, while still intending it to part of their whole agreement One party may persuade the other to leave a term out because it will be confusing However, courts have not relax the parol evidence rule even if it causes hardship o Courts feel that they cannot upset written agreements deliberately The Scope of the Rule Once document is in final form, parol evidence rule prevents either party from adding terms not part of the final agreement However, sometimes the court may find the written contract was not intended to embody the whole contract Contract can be party written and partly oral If party can show that writing was not intended to contain the whole contract then one may introduce evidence of those oral terms Interpretation of the Contract Parol evidence rule does not affect the interpretation of express terms already in k Subsequent Oral Agreement Does not exclude evidence of oral agreement that the parties may have reached, even after they entered into the written agreement Subsequent oral agreement may change the terms of the written agreement Collateral Agreement Definition – a separate agreement between the parties made at the same time as, but not included in, the written document Condition Precedent Definition – any set of circumstances or events that the parties stipulate must be satisfied or must happen before their contract takes effect Exception to the parol evidence rule; may be an event beyond the contract of either party such as a requirement that a licensing board must approve
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Oral understanding about a condition precedent even when the written contract states that the parties rights and duties are governed by written terms MISREPRESENTATION AND CONTRACTS pg 175-180 Material – could reasonably be expected to influence the decision of a party to enter into a contract court may set the contract aside at the request of the innocent party court will grant damages against wrongdoer for making misrepresentations in a fraudulent and negligent way if misrepresentation made innocently and without negligence, no damages; aggrieved party right to rescind aggrieved party loses the right to rescind if they cannot restore the subject matter of the contract to the other party (ie – consuming or reselling goods) aggrieved party may claim that a misrepresentation became a term of the k o if court agrees, party is entitled to a remedy based on breach of k plaintiff will not be granted a remedy he does not expressly claim
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This note was uploaded on 12/24/2010 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at The University of British Columbia.

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law notes V and VI - V. Outside the Contract THE PAROL...

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