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Contracts Rules 6
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Total vs. Partial integration
Total
: Completely expresses all terms of parties' agreement. Parties cannot introduce extrinsic evidence of prior or contemporaneous negotiations.
Partial
: May introduce supplementary extrinsic evidence that is consistent with the writing.
Whether partial or total integration exists depends on:
Parties' intent.
To determine intent look at:
Four corners of document
whether extrinsic term would have been naturally omitted
If a UCC contract, presumed to be only a partial integration.
Parol evidence rule inapplicable where:
Raising an excuse
Establishing a defense
Establishing existence of a separate deal
Proving a condition precedent existed
Clarifying ambiguity
Showing subsequent agreements
To show trade usage
Author
woof686
ID
26433
Card Set
Contracts Rules 6
Description
Parol Evidence Rule
Updated
2010-07-17T02:09:33Z
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