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Ejay Wants a Court to Consider Oral Evidence About a Written

Question 68

Multiple Choice

Ejay wants a court to consider oral evidence about a written contract in order to resolve a dispute about an ambiguous term in one of her client's contracts. She decides that she will characterize the facts as giving rise to a collateral contract. Which of the following is TRUE?


A) Ejay is a good lawyer because the collateral contract doctrine is the only way to have her oral evidence heard.
B) Ejay is a bad lawyer because a collateral contract can never circumvent the rule preventing oral evidence from being used to prove the terms of a written contract.
C) Ejay is an inefficient lawyer because there is a more direct way of having the court consider her oral evidence under the circumstances.
D) Ejay is a bad lawyer because the collateral contract doctrine was overturned years ago.
E) none of the above

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