What is the Parol Evidence Rule?
April 2, 2019In a breach of contract lawsuit, the parol evidence rule excludes the admission of evidence that varies from or contradicts the written terms of the contract. This external evidence is often a verbal exchange (e.g., emails or an oral discussion) regarding the contract terms that vary from the terms of the final con…
DetailsWhat is Impossibility of Performance?
March 29, 2019Impossibility of performance occurs when the contractual duties of one or more parties cannot be fulfilled due to circumstances out of their control. It is a defense to a breach of contract claim. Sometimes unforeseen or unexpected events make it impossible to fulfill the terms of the contract. Some typical example…
DetailsConsideration: An Essential Element in a Valid Contract
March 1, 2019No contract is valid without the inclusion of consideration, which is an exchange of items of value between the two contracting parties. Considerations may consist of money, services, stock, promissory notes, intellectual property, or other tangible items of value. There are no limits on these exchanges unless they…
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