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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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shaquilleoatmeal
11:43
legal said it, i didnt lmao
Trismegistus
11:43
@lilypadfrog: the anxiety of not having a single decision is really getting to me
Trismegistus
11:43
im starting to tweak
Trismegistus
11:44
i can't bully shaq, fellow boston resident
TreponemaPallidum
11:44
Penne Penne Penn?
11:44
omg penn
shaquilleoatmeal
11:44
@Trismegistus: real one
Trismegistus
11:44
thats only one person tho
11:45
MASSIVE penn wave
Trismegistus
11:45
does penn call or portal?
lilypadfrog
11:46
@Trismegistus: twin when did you apply? I applied in mid nov
cumsock
11:47
35% spike in applicants this cycle what the fuckkkkk
11:47
i applied 5 days ago, should i be worried i missed this wave
Trismegistus
11:47
all my apps are oct- to mid nov, except nyu which was dec
Trismegistus
11:47
penn was oct
PuppyBot
11:47
why does everyone want to be a lawyer
PuppyBot
11:47
jacking my style all of a sudden
cumsock
11:49
"But I also want to end on this note. Don't be afraid of being wrong. And what I mean by that is, being wrong about a school. I applied to Princeton coming out of high school and didn't get in. I ended up going to Vanderbilt. I could never see myself having gone anywhere but Vanderbilt." -Spivey
cumsock
11:49
this type of advice makes me so pissed like brotha
Trismegistus
11:50
why
11:51
omg another penn
11:51
its happening
@shaquilleoatmeal: I am now 31 and in group chats with people in their 50s and in their early 20s, as long as it isn't something weird being in the meme chat is chill
Trismegistus
11:51
are people fucking with me or what
siroracle
11:51
The crux of the advice is apply to worse schools and take what ya get
Trismegistus
11:52
does penn call or update to portal/ email?
cumsock
11:52
@Trismegistus: cus how does not getting into the best school in the country and "settling" for one of the most prestigious schools in vandy help anyone realistically
@Trismegistus: ^^^^
11:52
p sure they call
cumsock
11:52
ig it only helps people who are ab to jump off a bridge if they dont get into YLS
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