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Source Evidence Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

A lender's officer orally told a borrower that a renewal note would not mature for two years. The note the borrower signed stated that it matured in 120 days and included a merger clause. When the lender sued after 120 days, the borrower offered the officer's statement to prove fraudulent inducement.
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The evidence is admissible only if the contract lacks a merger clause. The evidence is barred unless the borrower first rescinds the contract in a separate action. The evidence is admissible only to prove damages, never liability. The evidence may be admitted to prove fraud even though the alleged oral representation conflicts with the written term.

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