Under a special rule of evidence known as the parol evidence rule, oral evidence of any talks or negotiations between parties prior to the written contract being made would not be admissible in court to alter, vary, or contradict the terms of a written agreement, if the content of those oral discussions is not in the written contract.
a. true
b. false
Answer: a. true
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Which of the following is correct in determining that there is no proximate cause?
a. The result was unforeseeable. b. The result was foreseeable, but it arose in an unforeseeable manner. c. The plaintiff was not foreseeable. d. All statements are correct.
A judgment is signed by the judge and incorporates the jury's or the judge's findings and final decision in a case
Indicate whether the statement is true or false
A party can depose the opposing party
Indicate whether the statement is true or false
During surgery, a sponge is accidentally left inside the plaintiff. Only through a second surgery to
remove the sponge does the pain and suffering that the plaintiff experiences end. Yet during the trial, not one of the six people in the original surgical team admitted to leaving the sponge. For that reason, the defendant, a hospital that employed the surgical team, requests for a judgment in its favor because the plaintiff could not establish who among the surgical team actually left the sponge inside of the plaintiff. Plaintiff will most likely succeed by asking the court not to grant that request because of A) an unavoidable accident B) the doctrine of res ipsa loquitur C) negligence per se D) an Act of God