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MCS,PHD
Argosy University/ Phoniex University/
Nov-2005 - Oct-2011
Professor
Phoniex University
Oct-2001 - Nov-2016
1. Which of the following states one of Williston s Rules regarding the parol evidence rule?
Based upon the Nanakuli Paving and Rock Co. v. Shell Oil Co. case, which of the following statements is true?
A The court limited the interpretation of the contract terms to the four corners of the written agreement.
B The case applied the common law in a way to promote flexibility in the expansion of commercial practices.
C The parties course of performance was more important than trade usage to determine the terms of an agreement.
D The court refused to consider the entire commercial context of the agreement.
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2. Which of the following states the best definition of the parol evidence rule?
A Agreements that are not in writing are invalid.
B A final agreement supersedes tentative terms discussed in earlier negotiations.
C Parol evidence is not admissible for contracts involving the purchase of land.
D Proposed, oral terms of a contract cannot become part of the final agreement.
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3. Which of the following statements is NOT true regarding course of dealing, course of performance and usage?
A These topics are not applicable at common law.
B A party engaged in a trade is bound by the usages of that trade even if that party has no knowledge of the trade usage in question.
C At common law, a course of dealing is admissible whenever extrinsic evidence is admissible.
D Under the UCC, trade usage and course of dealing are always admissible, but the evidence is not always controlling.
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4. Which of the following statements about the parol evidence rule is false?
A A writing that is final integrates the terms embodied in it.
B A writing intended by the parties to be a final embodiment of their oral agreement should be protected from attack by evidence of contradictory prior or contemporaneous agreements.
C Oral evidence of a term not in the written agreement is not admissible.
D The parol evidence rule applies when the last expression is a written and binding contract.
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