Tenders Will Be Evaluated Based On The Contents On The Tender Itself Without Recourse To Extrinsic Evidence
As recently as 1961, the Supreme Court cited Millar v Taylor and invoked the Exclusionary Rule in order to disallow the use of extrinsic evidence
in a case concerning statutory interpretation.
Without this interpretive tool, the Aleynikov Court remanded the case to the district court to consider extrinsic evidence
regarding the meaning of the term "officer" in the company's bylaws -- specifically, "course of dealing" evidence and "trade usage" evidence.
If the contract is ambiguous, the court must consider any extrinsic evidence
which sheds light on the intentions of the parties at the time of the execution of the contract.
Coverage includes consideration as benefit or detriment, consideration as bargain, alternatives to consideration, promise for benefit already received, manifestation of mutual assent, sequential assent by offer and acceptance, defenses to contract enforcement, defenses based on lack of capacity to contract, violation of public policy, statute of frauds, content and meaning of the contract, using extrinsic evidence
to understand a contract, implied contract terms and provisions, express conditions, performance and breach under common law, repudiation, remedies at law, and third party rights and duties.
through extrinsic evidence
, confusion of issues becomes inevitable and
could be introduced to explain what the settlor actually meant.
If the facts are contested the "court enjoys broad authority to order discovery, consider extrinsic evidence
and hold evidentiary hearings in order to determine its own jurisdiction.
Maine Medical also argued that it did not have to show actual delivery because it could prove by extrinsic evidence
that its refund claim had a timely postmark.
Blackstock takes particular exception to the government's claim that "the application judge erred in determining that the tribunal breached procedural fairness by considering extrinsic evidence
without advising the parties and permitting an opportunity to respond.
The rejection of the writing of the purchaser's name at the top of the letter as addressee, as signature, was to exclude any extrinsic evidence
in determining whether the alleged signatory intended to authenticate the document.
is now admissible in interpreting a will.