Illustrations: 1.D Corporation regularly borrows money from C Bank.S,the principal stockholder in D,offers to guarantee payment if C will increase the amounts lent.There is a bank custom to make such loans only on adequate collateral supplied by the borrower, and C promises S to follow the custom.S then executes a written agreement with C guaranteeing payment of future loans to D"with or without security."If the written agreement is a binding integrated agreement,C's prior promise is discharged. 制卧价贸易本岩 1951
Illustrations: z 1. D Corporation regularly borrows money from C Bank. S, the principal stockholder in D, offers to guarantee payment if C will increase the amounts lent. There is a bank custom to make such loans only on adequate collateral supplied by the borrower, and C promises S to follow the custom. S then executes a written agreement with C guaranteeing payment of future loans to D "with or without security." If the written agreement is a binding integrated agreement, C's prior promise is discharged
lllustrations: ● 2.In May A and B exchange properties and agree orally that A will make certain repairs on the property to be conveyed by A to B,the repairs to be finished by October 1.A and B then draw up and sign a memorandum of the repair agreement,specifying all the terms except that the memorandum is silent as to time of performance.If the memorandum is a binding completely integrated agreement,the agreement to finish by October 1 is discharged,and the repairs are to be finished within a reasonable time.The oral agreement as to October 1 may be relevant evidence as to what is a reasonable time. 制卧衔贸易本学 1951
Illustrations: z 2. In May A and B exchange properties and agree orally that A will make certain repairs on the property to be conveyed by A to B, the repairs to be finis hed by October 1. A and B then draw up and sign a memorandum of the repair agreement, specifying all the terms except that the memorandum is silent as to time of performance. If the memorandum is a binding completely integrated agreement, the agreement to finis h by October 1 is discharged, and the repairs are to be finished within a reasonable time. The oral agreement as to October 1 may be relevant evidence as to what is a reasonable time
Illustrations: ● 3.A and B enter into a contract that B will build a house on A's land for a price.Later they enter into an oral contract by which B promises to add a porch and A promises to pay an extra $2,000.Still later they enter into an integrated agreement in which B promises to build according to the original plans and A promises to pay the extra $2,000.The integrated agreement is not binding for lack of consideration, and the oral intermediate agreement is not discharged. 對卧爱价贸易大鉴 1951
Illustrations: z 3. A and B enter into a contract that B will build a house on A's land for a price. Later they enter into an oral contract by which B promises to add a porch and A promises to pay an extra $2,000. Still later they enter into an integrated agreement in which B promises to build according to the original plans and A promises to pay the extra $2,000. The integrated agreement is not binding for lack of consideration, and the oral intermediate agreement is not discharged
第一节口头证据规则与合同内容的确定 二、不可分割的书面协议与可分割的书面 协议 ● 当事人双方订立的书面协议是一个不可 分割的协议，还是一个可分割的协议， 决定口头证据规则是否适用于某一个特 定的案件。 制卧价贸易本学 1951
第一节 口头证据规则与合同内容的确定 二、不可分割的书面协议与可分割的书面 协议 z 当事人双方订立的书面协议是一个不可 分割的协议，还是一个可分割的协议， 决定口头证据规则是否适用于某一个特 定的案件
二、不可分割的书面协议与可分割的 书面协议 《第二次合同法重述》的规定 S 209.Integrated Agreements (1)An integrated agreement is a writing or writings constituting a final expression of one or more terms of an agreement. ● (2)Whether there is an integrated agreement is to be determined by the court as a question preliminary to determination of a question of interpretation or to application of the parol evidence rule. (3)Where the parties reduce an agreement to a writing which in view of its completeness and specificity reasonably appears to be a complete agreement,it is taken to be an integrated agreement unless it is established by other evidence that the writing did not constitute a final expression. 對卧爱价闐易大兰 1951
二、不可分割的书面协议与可分割的 书面协议 z 《第二次合同法重述》的规定 z § 209. Integrated Agreements z (1) An integrated agreement is a writing or writings constituting a final expression of one or more terms of an agreement. z (2) Whether there is an integrated agreement is to be determined by the court as a question preliminary to determination of a question of interpretation or to application of the parol evidence rule. z (3) Where the parties reduce an agreement to a writing which in view of its completeness and specificity reasonably appears to be a complete agreement, it is taken to be an integrated agreement unless it is established by other evidence that the writing did not constitute a final expression