...Introduction This essay is to discuss the nature and confusions with Parol Evidence Rule. To do this, the rule will be described and be reviewed with a brief history. Debates will be given after, in order to project its application and suitable situations to be influential. Nevertheless, exceptions, where the rule does not have such influence and cannot be applicable will be argued after. Finally, its application in prevention of further objections for contracts will construct the final deliberation. Ultimately the discussion will be concluded as a brief review to what has been done. Debate Parol Evidence Rule (PER) is a consideration of substantive common law that applies to contracts and eliminates parties to encounter any previous parol and oral evidences, with respect to their written total agreement (Corbin, 1944 and Blum, P: 2007, 348). According to Lawrence (1991) the history of the addressed rule travels to when agreements were made credible by written stamped latters, due to the impact of mystical and formal combination; where such formal evidences are nowadays a considerable factor for many courts to conclude justice. The rule was primarily established in 17th century English common law and has since been distributed among the other regions’ system of justice (Beveridge, 2000). Contract parties usually approach a set of common agreements after their interests are deliberately criticized and defended (Alces, 2005). A construction contract can be observed as an example...
Words: 2118 - Pages: 9
...Week 2 - Discussion 2: Please answer two of the following questions: 1) There are 3 types of liability law makers use to control behaviour, list and explain them. 2) What are the sources of Law? Briefly explain each of them. 3) With regards to Equity and the breach of a business contract, give an example where just a monetary compensation would not be an adequate sentence to resolve a legal dispute. Why? 4) Our text describes alternative ways to resolve disputes rather than resorting to the court. What are the forms of Alternative Dispute Resolution? Explain them. DROPBOX #1 – Chapters 3 & 4 For this Dropbox Activity, please answer two of the following questions, making sure you cite external sources using APA format. Be sure to answer your questions fully and completely. This Assignment is an INDIVIDUAL assignment. Questions: 1) Give an example of a time when you think vicarious liability is a fair concept and an example of when you think it is not fair. Provide a concise explanation of your answers. 2) On p. 61 of the text, the Todd Bertuzzi hit on Steve Moore is referenced - do you think there should be tort liability for actions that happen in sport? Explain your answer 3) Do you think professionals should be held to a higher standard than others? Justify your answer using a specific example. 4) Pick a profession and explain what should be included in a professional code of conduct and why. Week 4 - Discussion 4: Please answer one of the following...
Words: 382 - Pages: 2
...Issues The court had to decide on several issues as listed below: * Whether the oral assurance provided by the sales representative should be permitted as evidence in the case or not. The oral assurance on the productivity of the seed contradicted the written clause in the purchase order, and under the parol evidence rule, such contradictory evidence creates a strong presumption in favour of the written terms (Weir, 2010, p. 189). * Whether the written clause in the purchase order supersedes the oral assurance (if permitted as evidence) given by the sales representative for the productiveness of the buckwheat seed. * Given the decisions above, whether the company is responsible for the loss of the crop or not. Reason for the Decision The court ruled in favour of farmers and found the company to be liable for the loss of profits relating to the failed crop. The court`s decision was on the basis of the following reasons, which when considered together resulted in a stronger case in favour of the farmers. * Although the parol evidence rule favours written terms over oral evidence, in this particular case, the written term was included on a standard form contract, thereby making the written clause weaker or less favourable (Weir, 2010, p. 189). * The court also had evidence from several farmers who had been provided with oral assurance from the sales representative that buckwheat seed would smother weeds. Therefore, the word of several farmers indicated that...
Words: 575 - Pages: 3
...Listening to the record session was extremely enlighten on how to comprehend what is a retainer agreement. This is when a client hire an attorney to represent them in court. Although, there are document to be file to start this agreement. On the live session Elad show the class an Authority to represent and Contingency fee agreement. Which shows the type of cost and fees that is in the agreement. It also, show the type of cost that the law firm will have to use for their clients. Such as police report, hospital and medical, subpoenas and much more. You cannot mistake the cost with the fees. The fee are for the service that the attorney has provided for the client. The accounting is especially important this is where the paralegal will prepare...
Words: 345 - Pages: 2
...Unconscionability = This describes a term that is used in contracts which provides and enforcement to make sure that term in the contract are followed correctly. There will be an enforcement of the contract to make sure that one party is not favored when making the contract. Example would be a seller of a good such as food, shelter, offers a contract between both parties. Promissory Estoppel = This is where a person is denying, or not wanting to understand or approve of a certain law. A good example would be a mother and a daughter the mother advises her that if she passes away the inherence will be hers. The mother passes but never changes her will to add the daughter, but the daughter believes she has the right to the inherence. Parol Evidence Rule = This would be a written contract between two party in which prevents one of the party from changing the contract or adding on something else to the contract . Example would be a car dealership representative sells a car to a consumer and expresses to them the car is really good and in good shape but the contact mentions "as is". Statutes of...
Words: 620 - Pages: 3
...Chapter 15- Problems and Problem Cases: Problem 10 “Gianni Sport was a New York manufacturer and distributor of women’s clothing. Gantos was a clothing retailer headquartered in Grand Rapids, Michigan. In 1980, Gantos’s sales total was 20 times greater than Gianni Sport’s, and in this industry, buyers were “in the driver’s seat.” In June 1980, Gantos submitted to Gianni Sport a purchase order for women’s holiday clothing to be delivered on October 10, 1980. The purchase order contained the following clause: Buyer reserves the right to terminate by notice to Seller all or any part of this Purchase Order with respect to Goods that have not actually been shipped by Seller or as to Goods which are not timely delivered for any reason whatsoever. Gianni Sport made the goods in question especially for Gantos. This holiday order comprised 20 to 22 percent of Gianni Sport’s business. In late September 1980, before the goods were shipped, Gantos canceled the order. Was the cancellation clause unconscionable?” (Mallor 433). According to the doctrine of unconscionability, the cancellation by Gantos was unconscionable. Gantos was a larger company, and therefore was able to determine the terms of the contract, and Gianni Sport, being the weaker of the two, had no practical choice but to adhere to the terms. Under the UCC, the courts have the power to manipulate the provision containing the unconscionable terms to make the contract just. In this case, I believe the courts would take...
Words: 1439 - Pages: 6
...How justified is the fact that Parole Evidence Rule has outlived its importance in the modern day life? The parol evidence rule has long been a controversial element of the common law system. It has been frequently attacked for the injustices that result from its application and sometimes even for a lack of rationality in its justification. This exposition results from the conviction that useful light can be shed on the problems surrounding the parol evidence rule by an examination of its status in other common law jurisdictions, where it has also been the subject of constant dispute throughout the previous half century. The written document produced by the parties is merely a memorandum of the agreement that they have reached. Consequently, when a court attempts to resolve a dispute regarding the agreement, the written document is construed as persuasive evidence of what was agreed, and can be contradicted by other evidence tending to show that the actual agreement was something different. By contrast, the objective theory of contracting holds that the written document is in fact the agreement itself, so that in attempting to discern the nature of the bargain between the parties it is improper to admit evidence that contradicts the written document. Since the actual intentions of the parties are not being considered by the court, evidence that would tend to demonstrate that their intentions were something other than the written document reflects is simply irrelevant. ...
Words: 1873 - Pages: 8
...------------------------------------------------- Question Presented The question presented is whether the parol evidence rule will preclude us from using Mr. Moxie’s statements to supplement the contract and if Mr. Ford has a claim against Mr. Moxie/ Electronics, Audio & Radio Sales for the money he paid for the home entertainment equipment that he purchased in the contract agreed on between the two parties. Brief Answer The answer is no, Mr. Ford does not have a claim for breach of contract against Mr. Moxie and EARS for the installation of the home entertainment. Mr. Ford does not have a claim because the contract between the two parties of Mr. Ford and Mr. Moxie/EARS was written and final. Even though Mr. Moxie reassured Mr. Ford that the entertainment equipment he was interested in purchasing would meet all of his expectations especially in regards to the wireless signal being able to allow him to stream movies, television and music throughout his home. The parol evidence rule would in fact apply in this particular case because even though Mr. Moxie did relay some questionable information to Mr. Ford about the system being able to be effectively relay the signal throughout the entire house. As previously stated the contract between Mr. Ford and EARS through the sales representative Mr. Moxie was written and definite making the ultimate say in authority about the deal made between the two parties. Under the parol evidence rule additional Statement of Facts There are two parties in this contract...
Words: 1796 - Pages: 8
...entering into the main contract with Yvonne. Thus, a collateral contract was made in order for Marcel and Yvonne to enter a contract with each other. Another issue is that whether the contract is fully written, fully oral or partly of both. Before the contract was made, Yvonne promised Marcel that she would fit high quality tyres for the car if Marcel buys the car from her. Her promise to Marcel is oral and considered as a term in the agreement. This contract between Marcel and Yvonne is partly written (the car) and partly oral (the promise for High quality tyres). Parol evidence Rule states that when there is a written contract, any oral evidence would not vary and would not be included into the contract. But there are exceptions that have been allowed by the courts. The third exception of parol evidence rule states that if the written agreement does not contain all of the terms agreed by the parties, verbal evidence of other (oral) terms might be allowed. In Van Den Esschert v Chappell case, the court held that Van Den Esschert promise was part of the contract, thus he had to pay for damages. This is because the promise (orally) was made just before entering to the contract, limiting the opportunity to include the term into the contract. The second factor is that the importance of the promise, if the promise that house was free of white ants was...
Words: 1944 - Pages: 8
...Introduction Parol evidence rule is legal rule that once written agreement has been signed by all important parties, then it cannot be add to or any outside evidence which can change written contract. In other words, if there is a written contract between two parties, they can’t give verbal evidence to add extra words to the agreement in any way or to modify the meaning. However, there are ways of exception to the rule that can be allowed by the court. Collateral contract can be argue as one of the exception to the parol evidence rule. This is an argument of a separate contract. The purpose of this essay is to explain about the legal rule which is parol evidence rule and the exception to the rule. Body Description of Parol Evidence Rule Parol evidence rule exist because is to prevent fraud and uncertainty of the contract. The written contract can never be add in or change the terms in it unless it is not clear. This rule only can be allowed when the written contract is incomplete, ambiguous, writing is not a true statement of the agreement of the parties, accident or mistake, and when the existence, subsequent modification or illegally of the contract is hanging. When the written contract is obviously incomplete or the parties themselves admit it is incomplete, therefore the court can allow evidence like oral as what has been agreed to along with the written contract earlier. In this case, there are exceptions of the rules that court must allowed. First Exception to Parol Evidence...
Words: 2286 - Pages: 10
...Chapter 15—Contracts in Writing TRUE/FALSE 1. The parol evidence rule is an exclusionary rule of evidence. ANS: F PTS: 1 2. The parol evidence rule only applies to written contracts. ANS: T PTS: 1 3. The word “parol” literally means release. ANS: F PTS: 1 4. The parol evidence rule would allow evidence to be introduced to explain what the parties meant by the term "serrated." ANS: T PTS: 1 5. The parol evidence rule prohibits introduction of all evidence that would result in modifying written contracts. ANS: F PTS: 1 6. The statute of frauds has to do with fraud in the inducement of a contract. ANS: F PTS: 1 7. Most types of contracts are valid without being written. ANS: T PTS: 1 8. The statute of frauds generally requires that both parties sign the writing. ANS: F PTS: 1 9. A collateral promise is an undertaking to be primarily liable for the principal debtor's debt. ANS: F PTS: 1 10. Jim promises to marry Cynda if Cynda will buy him a new Ferrari for his birthday. This promise must be in writing to be enforceable. ANS: T PTS: 1 11. A part performance exception to the statute of frauds in many states requires both that the transferee has paid at least a portion of the purchase price and has either taken possession of the real estate or has started to make valuable improvements on it. ANS: T PTS: 1 12. A usage of trade is a practice or method of dealing, regularly observed and followed in a place...
Words: 4166 - Pages: 17
...CLASSIFICATION AND REMEDIES OF TERMS GOH KAH LING* The writer has discussed that contract is a legally enforceable agreement that meets certain specified legal requirements between two or more parties. Terms of contract are statements that made by one party in order to encourage the other party to enter into the contract. It should be clear, promissory and capable of acceptance. Terms of contract can classified as conditions and warranties. Conditions terms are term of major importance which goes to the root of the contract. It entitles innocent party to terminate the contract and sue for damages. Warranties term is a subsidiary term of the contract. It will compensate the innocent party for any loss or inconvenience. It is a hybrid term, sometimes assuming the characteristics of a condition and at other times the characteristic of a warranty. Severity of breach of intermediate terms depends entirely on the legal consequences of the actual situation Breach occurs where a contract has come into being and one or other of the parties fails to perform all or some part of the obligations under it. There are four main remedies available to the wronged party: Specific performance, injunction, damages and restitution. CONTENTS I | Introduction | 2 | II | Terms | 2 | III | Conditions Terms | 3 | IV | Warranties Terms | 4 | V | Intermediate Terms | 5 | VI | Remedies | 7 | | (i) Specific Performance | 7 | | (ii) Injunction | 8 | | (iii) Damages | 8...
Words: 4137 - Pages: 17
...Subject Discipline/Course Number: Business Law BSAD C131-50 CRN: 50074 [->0] Instructor’s Name: Anthony (Tony) Damiano Class Day/Time/Class Room: On-line Contact: [->1] or (760) 371-0633 (AT&T Cellular Service) After Hours: Monday-Tuesday-Wednesday-Thursday-Friday-Saturday 4:30 PM to 9:30 PM (All times are Pacific Standard) General Course Information: It is every student’s responsibility to ensure proper enrollment or withdrawal from this class. You are responsible for your administrative issues. I am responsible for your education and participation in this class. Course Title: Introduction to Business Law Course Description: This course introduces students to the legal environment of business and the American legal system. Students will examine contracts in depth and agency law. The course will include a study of the governmental regulation of business and the relationship between administrative/legislative (state and federal) law, and business ethics. Text: Business Law 4rd Business Ed Revised (2012): Morgan, Shedd & Corley ISBN: 978-1-61882-007-5 COURSE GOALS & OBJECTIVES: Provides an overview of relevant Business Law principles and practices as applied to contemporary organizations. The focus of this course will be the generally applicable laws affecting people and business organizations in the United States, any United States jurisdictions, and doing business with other countries. Student learning outcomes: Upon successful completion of the course...
Words: 2455 - Pages: 10
...TABL 1710, BUSINESS AND THE LAW SAMPLE LEGAL PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • The sample question and answer are based on a previous problem question. • The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. • Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. • Do not try to learn the content of the sample answer as a replacement for learning and understanding the lecture, tutorial and course reading materials. 1. SAMPLE QUESTION Annie (‘A’) runs a courier service, A Pty Ltd. She reads in a newspaper that a local business, KwikCo, is looking for a courier service which they can use exclusively to deliver parcels and documents to their clients. The advertisement calls for expressions of interest, stating that "those parties wishing to be considered for the courier contract with KwikCo should submit an application in writing to be received in KwikCo's office by 5pm on Friday, 25 April, 2008." On Monday, 21 April 2008, A sends a letter to KwikCo giving information about her company and its experience as a courier service. She states that the company would be prepared to take on the work for KwikCo for a fee of between $12,000 and $20,000 per month. She further states in the letter that, rather than working exclusively for KwikCo, the company would prefer to also...
Words: 3020 - Pages: 13
...LEGT 1710, BUSINESS AND THE LAW SAMPLE PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • • • • The sample question and answer are based on a previous problem question. The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. Do not try to learn the content of the sample answer as a replacement for learning and understanding the lecture, tutorial and course reading materials. 1. SAMPLE QUESTION Annie (‘A’) runs a courier service, A Pty Ltd. She reads in a newspaper that a local business, KwikCo, is looking for a courier service which they can use exclusively to deliver parcels and documents to their clients. The advertisement calls for expressions of interest, stating that "those parties wishing to be considered for the courier contract with KwikCo should submit an application in writing to be received in KwikCo's office by 5pm on Friday, 25 April, 2008." On Monday, 21 April 2008, A sends a letter to KwikCo giving information about her company and its experience as a courier service. She states that the company would be prepared to take on the work for KwikCo for a fee of between $12,000 and $20,000 per month. She further states in the letter that, rather than working exclusively for KwikCo, the company would prefer to also take on other small jobs on the understanding...
Words: 3019 - Pages: 13
