Multiple choice

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.

 

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