Contracts OutlineNew York University School of Law合同概述纽约大学法学院.docVIP

Contracts Outline 0. General things to remember - Keep an eye out for the promise/condition grey area. - Keep an eye out for waiver vs. estoppel. I. The Making of Agreemnts (Contd.) A. The Effects of Adopting a Writing Mitchill v. Lath: D orally promises to remove ice house near property before sale, Ps rely on this while setting the contract price, and D refuses to remove it after Ps took possession. (3) (below) is not satisfied. (Dissent: (3) is satisfied) - The Parol Evidence Rule defines the limits of the contract to be construed. - To modify a written K via the Parol Evidence Rule, an oral agreement must be: (1) Collateral (i.e. accompanying but subordinate to the original agreement) (2) Consistent with express or implied written K provisions (an absence of reasonable harmony) (3) One not normally put in writing by parties in this situation (decided by how close K is to the supposed collateral agreement) Note: Independent collateral contracts are still possible under PER, but there must be independent consideration. - Parol Evidence Rules are often statutory. - Remember that the Parol Evidence Rule only gets that evidence in, which doesnt entail that you win the case. Hatley v. Stafford: [- Whether the contract was a complete integration (and thus whether to admit parole evidence) is determined by the judge. If the evidence is admissible, then the subsequent question based on that evidence of whether P should win on the merits should this evidence be admitted is determined the jury.] - Here court takes a broad view of factors determining whether the provision would normally have been put in writing because the parties were unsophisticated and a literal reading would have been unfair. But the normal presumption is that the parties intended K to be complete. Rest. 2nd: Parol terms inconsistent with terms supplied by a rule of law designed to fill gaps where the parties have not agreed otherwise are not barred. (Some courts will bar oral agreements in