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How Did The Agreement Of Masterson Differ From That?

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Assignment 11 Notes 1 Page 415 • In Restatement terms, how did the agreement in Masterson differ from that in Gianni? The Gianni agreement was in writing and the issue in this case was is there an enforceable oral agreement. The courts ruled that under the parol evidence rule, “Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only evidence of their agreement.” Any preliminary negotiations and verbal agreements are superseded by the written contract, and no evidence of such other verbal agreements is to be considered by the court. In the absence of fraud or mistake, a written agreement is the only evidence of the agreement between two parties. The Masterson agreement wasn’t entirely agreed to in writing therefore the issue in this case varied substantially from the one Gianni addressed. The issue in this case was whether the parties intended their writing to serve as the exclusive embodiment of their agreement. When only part of an agreement is incorporated parol evidence may be used to prove elements of the agreement not in the writing. • How did the dissenters in Masterson differ from the majority? The majority opinion undermined the parol evidence rule, rendered suspect instruments of conveyance absolute on their face, materially lessened the reliance which might be placed upon written instruments, and opened the door to new technique of defrauding

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