| Latest 2026 Update
Q: The Parol of Evidence Rule
Answer:
When there is a disagreement on what a contract
said...Testimony of other evidence of communications between the parties that is not
contained in the contract itself
Q: Exceptions to the Parol of Evidence Rule
Answer:
1. Contracts subsequently modified
2. voidable or void contracts
3. contracts containing ambiguous terms
4. incomplete contracts
5. prior dealing, course of performance
6. contracts subject to an orally agreed-on condition precedent
7. contracts with an obvious or gross clerical (or typographic) error
,BLAW 3391 TTU Final Questions and Answers with Verified Solutions
| Latest 2026 Update
Q: Condition precedent
Answer:
condition that must be fulfilled BEFORE a party's promise becomes
absolute
Q: Condition Subsequent
Answer:
when a condition operates to terminate a party's absolute promise to
perform (AFTER) (much more rare, ex: sometimes lawyers are hired before they get
BAR results
and if the'll fail they'll probably get fired)
Q: two types of condition
Answer:
precedent and subsequent
,BLAW 3391 TTU Final Questions and Answers with Verified Solutions
| Latest 2026 Update
Q: Anticipatory Repudiation of a contract
Answer:
one of the parties may refuse to perform her or his
contractual obligations (material breach)
Q: Discharge by Agreement
Answer:
by mutual rescission and by novation
Q: Discharge by Mutual Rescission
Answer:
parties cancel the contract and are returned to the positions
they occupied prior to the contract's formation
, BLAW 3391 TTU Final Questions and Answers with Verified Solutions
| Latest 2026 Update
Q: Discharge by novation
Answer:
substitution by agreement, of a new contract for an old one, rights
under old one being terminated
Q: Requirements of Novation
Answer:
1. a previous valid obligation 2. an agreement by all of the parties
to a new contract 3. the extinguishing of the old obligation 4. a new, valid contract
Q: Discharge of Operation of law
Answer:
contractual duties may be discharged by operation of law.
1. material alteration 2. statutes of limitations 3. bankruptcy