Question
true or false: 16. The parol evidence rule says that a party can vary the terms of a written contract by introducing evidence of terms
true or false:
16. The parol evidence rule says that a party can vary the terms of a written contract by introducing evidence of terms allegedly agreed on prior to, or contemporaneous with writing. 17. If the writing in a contract is clearly incomplete, a party can introduce proof of consistent oral terms that "fill the gaps" in the writing. 18. The transfer of duties under a contract is called an assignment. 2 19. After an assignment, the assignee is entitled to whatever performance the assignor had a right to under the original contract. 20. Any assignment that would materially alter the duties of the promisor is unenforceable, because the promisor cannot be required to do something significantly more than, or different from, what they originally agreed to do. 21. If the promisors performance will satisfy a legal duty that the promisee owes a third party, the third party is a creditor beneficiary. 22. Anna buys a car from Jakes Motors. She then sells the car to Max, who agrees to make the remaining payments Anna owes Jakes Motors. Jakes Motors is a creditor beneficiary of Anna, and can therefore recover the balance due only from her, and not from Max. 23. If the happening of a condition discharges an existing duty to perform, this is called a condition precedent. 24. Emma had contracted with Queen Arts Inc. to perform a ballet. A day before the program, there was a fire and the dance floor was burnt. Hence, Emma could not perform. Since Emma cannot perform her contractual duties, she is liable for material breach.
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