三、平行协议规则 (二) 《第二次合同法重述》规定 216.Consistent Additional Terms ● (1)Evidence of a consistent additional term is admissible to supplement an integrated agreement unless the court finds that the agreement was completely integrated. (2)An agreement is not completely integrated if the writing omits a consistent additional agreed term which is ● (a)agreed to for separate consideration,or (b)such a term as in the circumstances might naturally be omitted from the writing. 赞卧简易大鉴 1951
三、平行协议规则 z （二）《第二次合同法重述》规定 z § 216. Consistent Additional Terms z (1) Evidence of a consist ent additional term is admissible to supplement an integrated agreement unless the court finds that the agreement was completely integrated. z (2) An agreement is not completely integrated if the writing omits a consistent additional agreed term which is z (a) agreed to for separate consideration, or z (b) such a term as in the circumstances might naturally be omitted from the writing
Illustrations: 1.A owes B two debts,and sends a check for an amount less than the amount of either. In the absence of any contrary manifestation of intention by either party,the rule of law would be that the check is applied to the debt which first matured.An agreement that the other debt is to be paid is not inconsistent with the check. 赞卧简易大鉴 1951
Illustrations: z 1. A owes B two debts, and sends a check for an amount less than the amount of either. In the absence of any contrary manifestation of intention by either party, the rule of law would be that the check is applied to the debt which first matured. An agreement that the other debt is to be paid is not inconsistent with the check
Illustrations: .2.A and B in an integrated writing promise to sell and buy a specific automobile.As part of the transaction they orally agree that B may keep the automobile in A's garage for one year,paying $15 a month.The oral agreement is not within the scope of the integration and is not superseded. 赞卧价贸易大誉 1951
Illustrations: z 2. A and B in an integrated writing promise to sell and buy a specific automobile. As part of the transaction they orally agree that B may keep the automobile in A's garage for one year, paying $15 a month. The oral agreement is not within the scope of the integration and is not superseded
Illustrations: ● 3.A owes B $1,000.They agree orally that A will sell B Blackacre for $3,000 and that the $1,000 will be credited against the price,and then sign a written agreement,complete on its face,which does not mention the $1,000 debt or the credit.The written agreement is not completely integrated,and the oral agreement for a credit is admissible in evidence to supplement the written agreement. 榭卧爱价蜀易大芳 1951
Illustrations: z 3. A owes B $1,000. They agree orally that A will sell B Blackacre for $3,000 and that the $1,000 will be credited against the price, and then sign a written agreement, complete on its face, which does not mention the $1,000 debt or the credit. The written agreement is not completely integrated, and the oral agreement for a credit is admissible in evidence to supplement the written agreement
第一节口头证据规则与合同内容的确定 四、证明不存在有强制力的书面协议的证据 (一)证明书面协议不存在的证据 (二)证明书面协议生效的先决条件的证据 (三)证明书面协议缺乏对价的证据 四)证明书面协议可撤销的证据 (五)证明书面协议违反公共政策的证据 赞卧台蜀易大拳 1951
第一节 口头证据规则与合同内容的确定 z 四、证明不存在有强制力的书面协议的证据 z （一）证明书面协议不存在的证据 z （二）证明书面协议生效的先决条件的证据 z （三）证明书面协议缺乏对价的证据 z （四）证明书面协议可撤销的证据 z （五）证明书面协议违反公共政策的证据