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To: highball
If she was assured that the pictures could only be used for one purpose, and that is admitted by all parties, I'd call it a "verbal rider" to the written contract. Don't think I'm somehow advocating an overthrow of contract law with that statement.

I assume it was not admitted by the defendant (photographer). And the problem is that anyone can sign a contract and later claim that they had some oral side-deal. If such claims were admissible, no written contract could ever be enforced without a full "he-said-she-said" jury trial. In order to promote commerce, the courts have held that a written contract is enforceable even when one party claims their was an oral side-deal that was different. (There are a few exceptions to the rule, but not many.) This sometimes let unscrupulous people get away with things they shouldn't, but the alternative is worse.

57 posted on 07/20/2005 2:31:22 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

My reading of the article was that the oral agreement was not in dispute. I could well be in error on that point.

If there is a dispute, you are absolutely 100% correct.


60 posted on 07/20/2005 7:36:42 PM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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