lllustrations: .1.A and B enter into an oral contract,and prepare and sign a writing to incorporate its terms.Though the writing contains substantially all the orally agreed terms,they are not fully satisfied with it,and they agree to have it redrafted.There is no integrated agreement 制卧爱价質易大岩 1951
Illustrations: z 1. A and B enter into an oral contract, and prepare and sign a writing to incorporate its terms. Though the writing contains substantially all the orally agreed terms, they are not fully satisfied with it, and they agree to have it redrafted. There is no integrated agreement
Illustrations: ● 2.A orally agrees to employ B on certain terms.B immediately writes and A receives a letter beginning, "Confirming our oral arrangement this morning,and fully stating the contract as he understands it.A makes no reply but with knowledge of B's understanding accepts services from B under the contract.The letter is a completely integrated agreement.Even though the letter is not in all respects accurate,it operates as an offer of substituted terms,and A's acquiescence manifests assent to those terms. 粉卧爱价黄易大学 1951
Illustrations: z 2. A orally agrees to employ B on certain terms. B immediately writes and A receives a letter beginning, "Confirming our oral arrangement this morning," and fully stating the contract as he understands it. A makes no reply but with knowledge of B's understanding accepts services from B under the contract. The letter is a completely integrated agreement. Even though the letter is not in all respects accurate, it operates as an offer of substituted terms, and A's acquiescence manifests assent to those terms
lllustrations: ● 3.A sells and delivers a hotel to B.Later A takes possession of the hotel furniture,and B sues to recover it.B claims the furniture under an oral agreement;A proves an apparently complete written agreement for the sale of the real property, and objects to consideration of the oral agreement.In the absence of contrary evidence,the writing is taken to be an integration;whether it is a complete integration is decided on the basis of all relevant evidence.If the oral agreement contradicts the writing,or if the writing is a complete integration, evidence of the oral agreement is excluded;otherwise the trier of fact is to decide whether the oral agreement was made. 制卧价蜀易土岁 1951
Illustrations: z 3. A sells and delivers a hotel to B. Later A takes possession of the hotel furniture, and B sues to recover it. B claims the furniture under an oral agreement; A proves an apparently complete written agreement for the sale of the real property, and objects to consideration of the oral agreement. In the absence of contrary evidence, the writing is taken to be an integration; whether it is a complete integration is decided on the basis of all relevant evidence. If the oral agreement contradicts the writing, or if the writing is a complete integration, evidence of the oral agreement is excluded; otherwise the trier of fact is to decide whether the oral agreement was made
第一节口头证据规则与合同内容的确定 ,三、平行协议规则 (一)含义 (二) 《第二次合同法重述》的规定 制卧香价贸易大誉 1951
第一节 口头证据规则与合同内容的确定 z 三、平行协议规则 z （一）含义 z （二）《第二次合同法重述》的规定
三、平行协议规则 (一)含义 一项书面协议是完全地不可分割的这一事实并 不排斥当事人证明，在这一协议之外还存在着 一个完全独立的由同样的当事人签订的协议 。 根据这个规则，在一个完全地不可分割的协议 之外，还可以存在一个与前一协议平行的不相 抵触的附属性的协议。 對卧爱价贸易大鉴 1951
三、平行协议规则 z （一）含义 z 一项书面协议是完全地不可分割的这一事实并 不排斥当事人证明，在这一协议之外还存在着 一个完全独立的由同样的当事人签订的协议。 根据这个规则，在一个完全地不可分割的协议 之外，还可以存在一个与前一协议平行的不相 抵触的附属性的协议