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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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ParallelAgreeableOrangutan
14:22
I took the Nov LSAT but similar here, intense 6ish months of studying+apps and within that time I've had a life emergency every couple of months, all on top of a v stressful FT job. It's a wild ride for sure
ronniedoeslaw
14:31
The one thing I keep reminding myself of is if it was easy, everyone would do it
these r good philosophies
I'm applying off the Jan LSAT
would i recommend it? no
is it working out so far? yes
14:52
wtf since when is unc ranked higher than BU
14:52
unc pisses me off!!!!
14:52
cus they wl me
14:54
USNWR rankings mean nothing
14:55
I was a Jan LSAT applicant and I r&r’d to get into a school I would be excited to attend
14:57
Generally I think applying later than Thanksgiving is doing yourself a disservice but if you have some compelling reason you need to go that year I get it
@esoterica: is, my job makes me suicidal, enough of a reason
14:58
I mean
14:58
It depends on ur goals
14:59
If u got into a school that will allow u to achieve ur goals and not saddle u with unfashionable debt and you feel good about it go for it
heyyyyyyyyyy Washington and Lee
15:00
I would kill myself if I had to live in Lexington but thats just me
15:00
It might be the second most boring part of the state
15:01
All these frat bros on linkedin going to uva law
15:02
What’s going on here folks
15:02
UVA is hella preppy, its why I didn’t apply for ugrad
@NemoPropheta: 3 years is nothing in the grand scheme of things. all-around excited for a tight-knit community and so far, they're the only law school that's treated me like a human being
Also 92% scholly offer? Say less
15:04
UVA has weird vibes and I don’t like that their why UVA prompt asks you to only answer if you have existing ties to the area/school
15:05
Like way to foster a diverse community you guys
15:06
Virginians are probably the most protective in group of any state
15:06
It’s bizarre! How are you a top law school acting like this
15:06
My great grandma always said she was a virginian first and an american second
15:07
I actually think that’s kinda cute
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