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Aug 6th, 2022
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How to bold look in the Collateral Agreement

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despite its similarity to the word parole the parole Evidence Rule does not have anything to do with criminal law the parole Evidence Rule is a contract law doctrine that prevents parties to a written contract from presenting extrinsic evidence of terms in a contract that contradict modify or vary the terms of a written agreement when that written agreement is considered complete and finalized for example in a dispute over the sale of a home if the buyer and seller have signed a written contract for the sale of a home and have written down that the sales price is $500,000 the buyer will be barred from introducing evidence of a discussion that he had with the seller where she agreed to sell it to him for $400,000 or that she agreed to throw in a car as part of the purchase price the parole Evidence Rule can thus be simplified as the outside Evidence Rule outside evidence cannot be used where there is a written contract like most legal doctrines however this one has lots of qualification

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For example, if a person signs a contract to purchase a car and agrees to pay a certain amount of money, but the salesperson orally promises to include a free warranty, the oral agreement would be considered a collateral contract. The warranty is not included in the written contract, but it is not inconsistent with it.
Elements of a Collateral Contract the statement or document must have been promissory; the parties did not intend for the statement or document to be part of the main contract; the statement or document must be consistent with the main contract; you must provide consideration for the promise; and.
A collateral agreement transfers all or some of the rights of the owner of personal property (including a life insurance policy) to another party (the assignee) as security for the repayment of an indebtedness.
For a collateral contract to exist, it must be consistent with the main contract, be promissory and contain all the elements of a contract. Additionally, the parties must not have intended it to be part of the main contract and you must give consideration for the promise.
The collateral-contract doctrine is a rule that says if there is a disagreement about a written contract, evidence of a second agreement (usually spoken) can be used in court if it doesnt contradict the written contract and if the information in the spoken agreement wouldnt normally be included in the written
A collateral contract is a contract to enter into an future contract. Part of the consideration for the collateral contract is the promise to enter into the second contract. This is similar to a conditional contract whereby the consideration for one party is conditioned on the other party doing something.
The extrinsic agreement must, in form, be a collateral one. This means that the extrinsic agreement must not be distinct and independent from the original written agreement.

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