Restoring The Corners To Contracts- David J. Myers, ESQ.
Restoring the Corners to Contracts, Orange County Lawyer, Vol. 56, No. 3 (March 2014). Discusses the implications, limitations, and ways to protect rights in dealing with the new fraud exception to the parol evidence rule in California, which now allows for the assertion of fraud claims based on oral promises that contradict written contract terms. Those days are now gone, however, since Riverisland Cold Storage, Inc. v. FresnoMadera Prod. Credit Ass’n, 55 Cal. 4th 1169 (2013) called existing law an “aberration,” and brought California law into line with what the court termed “the path followed by the Restatements, the majority of other states, and most commentators.” Not that the court didn’t appreciate the benefits of the existing approach...... http://www.djmyers-lalaw.com/publications
