oo la la

[tfa_at_msulaw]

When I get bored in class I hope to find things with which to keep myself busy. Last week during Contracts, that lucky event was actually being able to use the might Microsoft Paint to have a copy of Dr. Johnson's diagram (because I always lament how I never had his diagrams in my laptop notes).

Look!

Comments

[aprilia27]

that's very...artistic! Not that I understand any of it, mind you. : )

[tfa_at_msulaw]

Ha! Let me explain. So anyway, the Mastersons had sold their farm to their sister and brother-in-law, with an option to be able to buy back the farm later on. Anyway, Dallas Masterson went bankrupt and his trustee in bankruptcy tried to get back the farm in order to settle debts. But, when you declare bankruptcy you lose all legal rights and assets, so technically the trustee couldn't do what Dallas couldn't do in his own person. So when the trustee and Dallas tried to buy back the farm they had to argue that the option to buy it back was a personal rather than a legal right. Problem was, the contract never stipulated that in clear terms, and they tried to bring in outside evidence that that's what the terms of the contract really meant. But that's where the parol evidence rule kicks in (which is what we were studying when we read the case) that "testimony as to oral agreements made prior to or contemporaneous with the execution of a written contract that contradict the clear terms therein are inadmissible."

phew.

[aprilia27]

ah...okay. : ) thanks for taking the time to explain it. I'll just pretend that I've understood it all now.

how are you?

[tfa_at_msulaw]

I'm sure if you read it without having to deal with upset customers it would be as clear as mud : )

I'm doing well. I'm drinking great big bunches of water and find myself hungry a lot today. That's got to be a good sign.

I don't want it to get cold again. I'm liking this warm weather, although it's making everything wet and that'll be dangerous when it ices up again.