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parol evidence rule - ✔✔a rule that states that parties to a complete and
final written contract cannot introduce oral evidence in court that changes
the intended meaning of the written terms
ex: Chris may not testify about a supposed verbal promise of a warranty if
after, he signs a written contract that states "no warranties"
duty of performance - ✔✔the _______ ___ ____________ is a party's
obligation to fulfill their half of a contract
discharged - ✔✔a party to a contract is _____________ when that party is
relieved from all further responsibility of performance
condition precedent - ✔✔if something must take place in the future before a
party has a duty to perform
, ex: the annexation aspect of a contract that states a building developer will
buy certain land once the city annexes it
condition subsequent - ✔✔excuses contractual performance if some future
event takes place
ex: a marine insurance policy might terminate coverage for any shipping
losses if war is declared
express condition - ✔✔a condition that is an explicitly stated intention of a
party
implied condition - ✔✔a condition that can be read into the parties'
obligations to perform
concurrent condition - ✔✔a condition in which both parties have a
simultaneous duty to perform
ex: two parties agree to exchange item for cash at the same time
delivery - ✔✔the transfer of possession from the seller to the buyer
tender performance - ✔✔an offer to perform