A contract entered into between XYZ Corp. and ABC Corp. states that, in order to

Question

A contract entered into between XYZ Corp. and ABC Corp. states that, in order to terminate the contract, the terminating party must give a “10 day written notice”. XYZ decides to terminate the contract and notifies ABC in writing on December 1st that they will terminate the contract as of December 11th. The contract also states “this Contract constitutes the entire agreement of the parties, and neither has relied upon any representations except those contained herein”.

During the negotiation of the contract, it was verbally agreed upon that, in order to terminate the contract, the terminating party must give a ten business day notice prior to termination.

ABC files suit against XYZ for breach of contract, claiming that XYZ failed to give a ten business day notice as agreed upon.

Questions:
a) What is the name of the rule that governs the admissibility of the oral agreement in this instance?

b) What is the name of the type of clause in the second set of quotations?

Explanation / Answer

a) The parole evidence is the name of the rule that governs the admissibility of the oral agreements in the above case.

b) Integrated clause is the name of the type of clause in the second set of quotations which is used in declaration in the written contract that the contract is complete and is the final agreement between both the parties.

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