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

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0 tracked cards Delaware Essays

Owner and Painter signed a written contract requiring Painter to finish a hotel lobby by May 1 for $40,000. Two weeks after signing, Owner orally agreed to pay an additional $5,000 if Painter also painted the adjoining hallway. Painter completed the hallway and seeks the extra $5,000. Owner argues the oral agreement is barred by the parol evidence rule.
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The later oral change is admissible only if both parties were merchants. The later oral change is barred because a written contract can never be modified orally in Delaware. The later oral change is barred because the parol evidence rule excludes all oral evidence connected to a written contract. The later oral change is not barred by the parol evidence rule because the rule concerns prior or contemporaneous terms; validity of the change depends on modification rules.

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