+1-316-444-1378

1. Which of the following statements is true regarding questions of admissibility of parol evidence?A These are always questions of fact for the trier of fact to determine.B The meaning of language is generally considered a question of fact but the interpretation of a writing is generally treated as a question of law for the court to decide.C Where parol evidence is introduced to aid interpretation of a writing the question of meaning is always left to the jury.D In an oral agreement where the words of the parties are not in dispute the court will apply rules that differ significantly from rules regarding a written contract.2. Which of the following statements is NOT true regarding non-contractual writings?A Parol evidence is admissible to show that a writing that appears to be a contract was never formed.B A party may testify that what appears to be a total integration was a non-final agreement.C Parol evidence of fraud is admissible to avoid a written agreement unless there is a merger clause.D Even if the writing stated that consideration was paid and described the consideration the majority rule is that such a recital of consideration may be contradicted by parol evidence.3. Which of the following statements about integration is true?A A partial integration may be contradicted by parol evidence.B A total integration may be supplemented but not contradicted by consistent (non-contradictory) additional terms.C A final and incomplete integration may not be supplemented by consistent additional terms.D A writing that is final and incomplete is called a partial integration.4. Which of the following is the strongest reason why a court would consider a writing to be the final embodiment of an agreement?A If the parties intended the writing to be a final embodiment of the agreement there is at least a partial integration and the writing can only be contradicted if the parties have actually agreed to the inconsistent terms.B If a writing is not a final embodiment of the contract the parol evidence rule applies.C To determine if a writing is a final embodiment a court looks to the intent of the parties.D The completeness of the agreement has little bearing on whether the agreement is deemed final.

Categories: Uncategorized

0 Comments

Leave a Reply

Your email address will not be published. Required fields are marked *