1. Based upon your reading of the George v. Davoli case which statement best describes the holding of the NY Supreme Court Appellate Division?A Oral evidence that supplements a written agreement that is not final and complete was admissible.B Oral evidence of the time of delivery of a good is always admissible to supplement a written agreement.C All oral mutual agreements of the parties were admissible to supplement any written agreement.D Where a written agreement is final and complete evidence of an oral agreement to supplement the written agreement was admissible.2. Which of the following statements about the parol evidence rule is false?A Does not apply to subsequent agreements.B Does not apply to contemporaneous agreements.C By majority rule contemporaneous oral terms should be deemed to be a part of the integration and therefore be admissible into evidence.D Bars the admissibility of extrinsic evidence of a contract term agreed to prior to a total integration regardless of whether the term is written or oral.3. 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.4. In the Gianni v. R. Russell & Co. case referred to in Section 3.2 (a) of the hornbook which of the following statements best reflects the court s holding?A The evidence was excluded because of the parol evidence rule.B The evidence was excluded because it was oral.C The evidence was admissible because of the parol evidence rule.D The evidence was admissible because the agreement was actually made.

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