The first examines the parole evidence
rule, a device designed to constrain the scope of interpretation in contract cases; the way judges frequently substitute their own terms for those agreed on by contracting parties; and how the law, because of such features, manages to perform its task.
A comprehensive examination of the most important contracts law principles relevant to pharmaceutical executives, including the requirements for forming a valid contract (offer, acceptance, consideration), standard contract interpretation principles (including the parole evidence
rule for written contracts), when a contract should be voided because of nondisclosure, duress, or other intervening events, the effect of misrepresentation, how a contract can be terminated, and remedies/damages available in the event of breach (including a nonbreaching party's duty to mitigate damages)
Specifically, the plaintiff claimed that the arbitrator relied on parole evidence
to reform the contract, the arbitrator failed to apply the 'clear and convincing' standard, and the award contained gross errors of fact.
In opposition, the tenant's attorneys argued that the stipulation was "ambiguous," and urged the Court to resort to parole evidence
to examine the parties' alleged intention.
the Statute of Frauds, parole evidence
, and electronic and "shrinkwrap" agreements.