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Simple English definitions for legal terms

collateral-contract doctrine

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A quick definition of collateral-contract doctrine:

The collateral-contract doctrine is a rule that says if there is a disagreement about a written contract, evidence of a second agreement (usually spoken) can be used in court if it doesn't contradict the written contract and if the information in the spoken agreement wouldn't normally be included in the written contract.

A more thorough explanation:

The collateral-contract doctrine is a legal principle that allows proof of a second agreement, usually oral, to be considered in a dispute concerning a written contract. This proof will not be excluded under the parol-evidence rule if the oral agreement is independent of and not inconsistent with the written contract. Additionally, the information in the oral agreement would not ordinarily be expected to be included in the written contract.

For example, if a person signs a contract to purchase a car and agrees to pay a certain amount of money, but the salesperson orally promises to include a free warranty, the oral agreement would be considered a collateral contract. The warranty is not included in the written contract, but it is not inconsistent with it. Therefore, the buyer could use the collateral-contract doctrine to enforce the salesperson's promise of a free warranty.

Another example could be a written contract for the sale of a house that includes a clause stating that the seller will leave all appliances in the kitchen. However, the seller orally promises to leave a new refrigerator as well. This oral agreement would be considered a collateral contract because it is independent of and not inconsistent with the written contract. The buyer could use the collateral-contract doctrine to enforce the seller's promise of a new refrigerator.

These examples illustrate how the collateral-contract doctrine can be used to enforce oral agreements that are not included in a written contract but are still valid and enforceable.

collateral contract | collateral covenant

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
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windyMagician
19:23
it doesn't hurt its just tingly
Dkk
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It needs more alcohol. You tingle when your nerves need watering.
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try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
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Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
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Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
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