herdofturtles: (Default)
    Two policies behind the parole evidence rule:

  1. predictability - parties should be able to depend in the writings and the agreements they make

  2. slight distrust of juries - a jury might be biased for a sympathetic person who invents a conversation or exaggerates a story about what happened before or after the contract writing



Roadmap:
1. effect and policy under
2. types of evidence that raise parol
3. integrated, partial, non integrated
4. distinguish between contradictory and consistent terms
5. identifying evidence otherwise admissible


Read more... )
herdofturtles: (Default)

The “why” of contract law



Policy provides the why of law. Why courts create a policy. Deadly force cannot be used to protect private property, such as a car, because society values life (even a wrongdoers) over the property. The four policies most used in contract cases:


  1. Predictability


  2. Also known as “certainty.”

    This serves to structure human relations so that people can predict the consequences of their actions.
    Read more... )

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