{"id":8267,"date":"2017-11-18T06:51:51","date_gmt":"2017-11-18T06:51:51","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8267"},"modified":"2017-11-18T06:51:51","modified_gmt":"2017-11-18T06:51:51","slug":"collateral-contract-a-side-agreement-made-before-or-at-the-same-time-that-relates-to-a-contract-that-if-unintegrated-can-be-supplemented-by-evidence-of-the-side-agreement","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8267","title":{"rendered":"Collateral Contract – a side agreement made before or at the same time that relates to a contract that, if unintegrated, can be supplemented by evidence of the side agreement"},"content":{"rendered":"
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collateral contract<\/span>:<\/span><\/strong>
\n(1809)<\/span><\/p>\n

1. A side agreement that relates to a contract that, if unintegrated, can be supplemented by evidence of the side agreement; an agreement made before or at the same time as, but separately from, another contract.\u00a0<\/strong> See COLLATERAL-CONTRACT DOCTRINE. [1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from P.S. Atiyah’s\u00a0An Introduction to the Law of Contract<\/em><\/a>\u00a0(3d ed. 1981):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe term \u2018collateral contract’ has no very precise meaning in the law. It is generally used as a label for a contract Which is collateral, or by the side of, another contract. A great many examples of implied or constructive contracts created by the Courts are collateral in a broad sense. . .\u00a0\u00a0<\/span><\/span><\/strong>[A]lthough the normal presumption is that the parties intend a written contract to be exclusive evidence of their intentions, it is always open to a party to show that in fact the writing did not exclusively represent their intentions, because of a \u2018collateral’ contract made during the negotiations but not incorporated in the written instrument.<\/span>“<\/strong> [2]<\/span><\/p>\n<\/div>\n

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[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0P.S. Atiyah, An Introduction to the Law of Contract<\/em><\/a> 80 81, 161 (3d ed. 1981).<\/span><\/span><\/strong><\/p>\n

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