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In its duty of appeal, the Court of Appeal held that SVCare could not provide extrinsious evidence because “the [option contract] clearly provided that the agreements beneficial to both parties constituted consideration.” In particular, the addition of the term “other good and valuable consideration” did not render the option contract ambiguous or incomplete. To this end, “the importation of another obligation, such as the separate loan obligation, would unduly alter the writing in violation of the rule of evidence” and nullify the merger clause. If these sophisticated business units intended to make the $100 million payment a precondition for the applicability of the option, they could easily have included a corresponding provision. Instead, the $100 million payment was not mentioned anywhere in the option contract. We can assume that reflections, since they relate to acts, are generally subdivided into good and valuable considerations. “A good reflection,” says Blackstone (o) when he speaks of a quid pro quo for an act or gift, is like that of blood or natural love and affection, when a man grants succession to a close relationship. Based on reasons of generosity, prudence and natural duty. A valuable consideration are such as money, marriage (p) or gender, which the law deems equivalent to granting; and is therefore based on grounds of justice.┬áThe former generally do not object to creditors when they are calculated to deceive them; These cannot be sanitized (q). The distinction between good reflection and valuable consideration is that good thinking makes the instrument (a promotion certificate, c) as well as between the parties; but a valuable consideration makes transport good compared to a later buyer (r). However, we must ensure that the notion of good consideration, as applied to deeds, does not apply to simple contracts to support the natural relationship, love and affection that are not sufficiently taken into account (g). The Court of Appeal stated that option contracts, like all written agreements, must be interpreted in accordance with the intent of the parties, which is best demonstrated by the written agreement itself – and that parol evidence is only admissible if a court finds ambiguity in the contract. In particular, where a contract includes a merger clause, the courts are required to “request the full application of the rule of evidence” and the evidence is not admitted outside the four corners of the contract in the disputed contract unambiguously in the contract itself. The usual contractual recital of “other good and valuable counterparties” does not create such ambiguity.

Reflection means something valuable which, according to English law, should not be money and should not be “sufficient”, i.e. a market value. For example, both parties may agree, in the context of a two-way confidentiality agreement, to pass on information to the other party and, in this situation, it is easy to find a solution. When a party is concerned about whether a counterparty has moved from a party to the agreement, a common solution is to add to the agreement a nominal payment obligation, for example. B 1 or 10 USD. Under English law, if the contract is executed as an act, no consideration is required.

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