...The parol evidence rule is a licit rule which states that once an indicted accidence has been executed it cannot be altered by any oral evidence that may contradict the terms of the acquiescent. However it additionally averts the prelude of evidence of negotiations and acquiescent that contradicts contractual terms of an indicted contract. It was first established during the case of Goss v Lord Nugent in 1833. This rule was acclimated to avert parties from amending the construal of the indicted document through the utilization of antecedent oral declarations that are not verbalized in the document itself. The parol evidence rule subsists because it bars a party to an indicted contract from bringing up outside evidence that illustrates an ambiguity, seeks to elucidate, or integrates to the indicted terms of the acquiescent....
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...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...
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...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...
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...------------------------------------------------- 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...
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...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. ...
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...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...
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...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...
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...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...
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...OF RELEVANCE IN THE LAW OF EVIDENCE IS NOT AS STRAIGHTFORWAD AS IT APPEARS TO BE.” DISCUSS It is difficult to spell out a straightforward definition of the concept of relevance (Tapper, p71). In the R v Nethercott case, it was held that any two facts to which the concept of relevance is applied are so related to each other that according to the common course of events, one either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or non-existence of the other. According to Lord Simon in DPP v Kilbourne, “Evidence is relevant if it is logically probative of some matter which requires proof… It is sufficient to say … that relevant (that is, logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable” (Allen, p8). Essentially, relevant evidence is that which makes the matter requiring proof more or less probable. In this sense, relevance is arguably an absolute concept, as proof of one fact either makes the existence of another more probable, or it does not. Notwithstanding, relevance is often regarded as variable, just as evidence can be regarded as more or less relevant. Zuckerman describes relevance as “having a contextual and dynamic nature”, and the relevance of one fact to another can be judged on its own or in connection with other facts (Zuckerman, p46). This seems to relate more to the cogency of the evidence, given its relevance, but it...
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..."that guy hit me and broke my leg" or "I wouldn't be in so much pain if she had been paying attention to the traffic light" are generally not admissible. " Business and public records. A record made in the "ordinary course of business," or the lack of a record where one normally would have been made in the ordinary course of business, is generally admissible even if it's hearsay. Police reports are generally not admissible in criminal cases to prove a defendant committed a crime, but they may be admissible in personal injury or other torts cases. " Prior inconsistent statements. Some states allow the use of statements a declarant made before trial that conflict with statements the declarant is making while testifying. Depending on the rules of procedure used in the state, these statements may be admissible generally, or they may only be admissible if made under oath or in writing. " Admission of guilt or liability. Usually made by the plaintiff or defendant in a civil case, these are statements like "the accident was totally my fault!" or "yes, our product is dangerously defective; in fact, we've had 22,000 burn complaints this week alone!" Sometimes, the difference between an admission of guilt or liability and a "statement against interest" (see below) is very fine. Declarant Unavailable Some hearsay statements may still be admitted in court, but only if the person who made the original statement cannot testify for some reason. If that person can testify, he must do so...
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...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...
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...Structure for Dealing with Parol Evidence/term /term/representation/condition/warranty questions (1) Decide whether the parol evidence rule applies. The rule only applies if we have a document that seems like it is a complete contract (containing all necessary terms) between the parties, and someone is trying to introduce new oral statements as terms. The court will not do this (the new statements are not contractually enforceable- they are not part of the written contract) unless one of the following exceptions applies: (i) an error is made (mistake) in the written document that needs correcting (Pukallus v. Cameron) (ii) the term was VERY important ( see the white ant case, Van den Esschert v. Chappell) or (iii) there is a collateral contract (2) If the parol evidence rule applies and there are no exceptions, then the oral statement is not a term. End of analysis (unless something like negligent misstatement applies). If either the parol evidence rule applies but there is an exception OR the parol evidence rule does not apply (for example, because the written agreement does not appear on its face to be a complete agreement), then you need to move on to discuss whether something is a term or a representation. (3) to determine whether a statement is a term or representation, you need to consider the three-part test set out in Handbury v. Nolan, where something is considered a term if the following 3 conditions are met: (a) we can verify the truth of the statement...
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...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...
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...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...
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...In accordance with Article 2 (Sales) of the UCC The Uniform Commercial Code (UCC) is a model statute that has been adopted by every state in the United States in its entirety (except for Louisiana) (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). The UCC is most often used to resolve contract disputes for the sale of goods (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). When a sale of goods dispute arises, the UCC is the body of law that governs, however, a sale of goods dispute is governed only by Article 2 of the UCC and every other article in the UCC governs a different type of transaction (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Something is a sale if the ownership of the goods is passed from a seller to a buyer for a price (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Getting a loan from the bank is not a sale because noting in fact passes from seller to buyer (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Something is a good if the item is tangible and movable, so selling the rights to a trademark is not a sale of goods because the trademark is not tangible (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). The sale of your home is also not a sale of goods because the home is not movable (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers...
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