Entire agreement clause: Difference between revisions
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A clause designed to buttress the time-honoured [[parol evidence]] rule, that if it is clear you meant to entirely reduce your agreement to writing, once you have done so the agreement, and no other extraneous evidence, will be the tribunal’s only guide to divining its intention. | A clause designed to buttress the time-honoured [[parol evidence]] rule, that if it is clear you meant to entirely reduce your agreement to writing, once you have done so the agreement, and no other extraneous evidence, will be the tribunal’s only guide to divining its intention. | ||
Reduces | Reduces a certain amount of uncertainty, certainly, but at what cost? | ||
Also a favourite [“[in your face]]” move of the kind of pedant you will inevitably encounter in a derivatives negotiation. Some been known to insert an [[entire agreement]] clause into an [[amendment agreement]]. No, you clot, by utter definition an amendment ''isn’t'' the entire agreement. | |||
{{seealso}} | {{seealso}} | ||
*[[In your face]] | |||
*{{isdaprov|Entire Agreement}} - {{isdama}} | *{{isdaprov|Entire Agreement}} - {{isdama}} | ||
*{{gmslaprov|Entire agreement}} - {{gmsla}} | *{{gmslaprov|Entire agreement}} - {{gmsla}} | ||
*{{gmraprov|Entire Agreement; Severability}} - {{gmra}} | *{{gmraprov|Entire Agreement; Severability}} - {{gmra}} | ||
Revision as of 17:21, 10 April 2019
A clause designed to buttress the time-honoured parol evidence rule, that if it is clear you meant to entirely reduce your agreement to writing, once you have done so the agreement, and no other extraneous evidence, will be the tribunal’s only guide to divining its intention.
Reduces a certain amount of uncertainty, certainly, but at what cost?
Also a favourite [“[in your face]]” move of the kind of pedant you will inevitably encounter in a derivatives negotiation. Some been known to insert an entire agreement clause into an amendment agreement. No, you clot, by utter definition an amendment isn’t the entire agreement.