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SVTPerformance's Chain of Restaurants
Donut Shop
Legal Question....
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<blockquote data-quote="04HillzGT" data-source="post: 9654235" data-attributes="member: 15070"><p>that's true but the court has a wide margin to decide if the argued terms are integrated or not. If the term is vague they'll try to figure it out using the plain meaning reading of the K or the trade's meaning of "forfeiture." Honestly I think unless the defendant can show duress he won't get off, the court will not want to award him damages just because he had an opportunity but failed to read the document. If they decide it is integrated they are going to bar any subsequent oral modifications using the parole evidence rule.</p></blockquote><p></p>
[QUOTE="04HillzGT, post: 9654235, member: 15070"] that's true but the court has a wide margin to decide if the argued terms are integrated or not. If the term is vague they'll try to figure it out using the plain meaning reading of the K or the trade's meaning of "forfeiture." Honestly I think unless the defendant can show duress he won't get off, the court will not want to award him damages just because he had an opportunity but failed to read the document. If they decide it is integrated they are going to bar any subsequent oral modifications using the parole evidence rule. [/QUOTE]
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SVTPerformance's Chain of Restaurants
Donut Shop
Legal Question....
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