LAW 122 Lecture Notes - Lecture 8: Consumer Protection, Parol Evidence Rule, Contra Proferentem
25 Jul 2015
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1 innocent a - not deliberately they didn"t know. Not entitled to damages c may get restitution or damages. 2 negligent a - tort, made carelessly hedley burn in the tex. 3 fraudulent a tort of deceit they know what they are saying is wrong they get damages. Forceable obligation in contract - what would a responsible person test. Written terms are wanted for proof and certainty. However when you write it down there is rules of construction. Parol evidence rule - if the party wrote it down oral evidence cannot be added to the contract. E. g. conversation saying a different price or some rule does not exist b/c they won"t be able to get it past legal. How a reasonable person would understand a clause - golden rule. Million dollar common case - b/c there was no comment changed the term of the clause, proper interpretation of english writing.
