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MMLU / A woman owned a 10-acre tract of rural farmland in fee simple absolute. The…

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A woman owned a 10-acre tract of rural farmland in fee simple absolute. The woman agreed to sell the farmland to a man, and each signed a writing stating that the farmland was beitig sold: ". . . for $10,000, receipt of which is acknowledged. " In actuality, the man had not yet paid the woman the $10,000. At the date set for closing, the woman transferred a deed to the farmland to the man, who gave the woman a check for 10,000.Howevei,afewdaysafterthewomandepositedthecheck,shereceivednoticefromherbankthatthecheckhadnotcleared,duetoinsufficientfundsintheaccount.Thewomanthenbroughtsuitagainsttheman.Attrial,thewomanseekstotestifythatthemandidnotinfactpayherthe10,000. Howevei, a few days after the woman deposited the check, she received notice from her bank that the check had not cleared, due to insufficient funds in the account. The woman then brought suit against the man. At trial, the woman seeks to testify that the man did not in fact pay her the 10,000 as recited in their written instrument. The man objects to the woman's proposed testimony. Will the trial court judge be correct in sustaining the man's objection?
Plain-text mathematical notation (without MathML)
A woman owned a 10-acre tract of rural farmland in fee simple absolute. The woman agreed to sell the farmland to a man, and each signed a writing stating that the farmland was beitig sold: ". . . for $10,000, receipt of which is acknowledged. " In actuality, the man had not yet paid the woman the $10,000. At the date set for closing, the woman transferred a deed to the farmland to the man, who gave the woman a check for 10,000.Howevei,afewdaysafterthewomandepositedthecheck,shereceivednoticefromherbankthatthecheckhadnotcleared,duetoinsufficientfundsintheaccount.Thewomanthenbroughtsuitagainsttheman.Attrial,thewomanseekstotestifythatthemandidnotinfactpayherthe10,000 as recited in their written instrument. The man objects to the woman's proposed testimony. Will the trial court judge be correct in sustaining the man's objection?
Original LaTeX notation
A woman owned a 10-acre tract of rural farmland in fee simple absolute. The woman agreed to sell the farmland to a man, and each signed a writing stating that the farmland was beitig sold: ". . . for $10,000, receipt of which is acknowledged. " In actuality, the man had not yet paid the woman the $10,000. At the date set for closing, the woman transferred a deed to the farmland to the man, who gave the woman a check for $10,000. Howevei, a few days after the woman deposited the check, she received notice from her bank that the check had not cleared, due to insufficient funds in the account. The woman then brought suit against the man. At trial, the woman seeks to testify that the man did not in fact pay her the $10,000 as recited in their written instrument. The man objects to the woman's proposed testimony. Will the trial court judge be correct in sustaining the man's objection?

choices

  1. No, because the parol evidence rule does not apply to events occurring after the forming of the writing.
  2. No, because the parol evidence rule does not operate to exclude evidence to show lack or want of consideration.
  3. Yes, because the written instrument appears to be a complete integration of the parties' agreement.
  4. Yes, because the doctrine of promissory estoppel will prevent the woman from denying her own signed acknowledgment that she received the $10,000.

subject

professional_law

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task_id
12068e29-9c9a-5474-8d6c-d721b5de10e9
task_key
all--test--12068e29-9c9a-5474-8d6c-d721b5de10e9
task_revision_id
1
config / split
all / test

Official source

initial import