Friday, October 23, 2009

Topics in Parol Evidence

When is a term "inconsistent" with the written agreement? Hunt Food v. Doliner: "In a sense any oral provision which would prevent the ripening of the obligations of a writing is inconsistent with the writing. But that obviously is not the sense in which the word is used . . . To be inconsistent the term must contradict or negate a term of the writing. A term or condition which has a lesser effect is provable."

Under what circumstances will a court decide that it is "natural" for a term not to be embodied in the writing?

Under what circumstances will a court decide that a written agreement is fully integrated rather than a partial integration?

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