· 9/28/2005
Jenkins v. Eckerd Corp.
Citations
- 913 So. 2d 43
- 2005 WL 2372078
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an integration clause is “a highly persuasive statement that the parties intended the agreement to be totally integrated”
- explaining that “a merger clause is a highly persuasive statement that the parties intended the agreement to be totally integrated and generally works to prevent a party from introducing parol evidence to vary or contradict the written terms”
- “For the parol evidence rule to apply, ‘the written agreement must appear on its face to express an agreement complete in all essential terms.’”
- “The trial court’s interpretation of a contract is a matter of law, subject to a de novo standard of review.”
- “[I]t is the obligation and right of the parties to negotiate and draft the provisions of the lease, not a court.”
- “A document may be incorporated by reference in a contract if the contract specifically describes the document and expresses the parties’ intent to be bound by its terms”
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Nortwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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