Tag: parol evidence
  • “It’s Always Best to Start at the Beginning”: Determining Contract Terms Where Breach is Alleged

    It is not uncommon for me to answer calls from judicial officials grappling with breach of contract cases where the official believes there has likely been a breach, but they are unsure which specific term has been breached. Breach of contract cases can be intimidating because they often involve large volumes of conflicting evidence. The judicial official must decide what evidence to exclude, what evidence to admit, and how much weight to give admitted evidence. In cases involving oral contracts, determining the parties’ agreement becomes even more difficult, putting a stronger emphasis on assessing the credibility of witness testimony. However, a lot of the angst over breach of contracts cases can be alleviated by developing a comprehensive, step-by-step approach to analyzing the evidence, in much the same way that judicial officials evaluate evidence to determine if a crime has been committed and that the person arrested committed it.

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