Park- Lot Maintenance Corp. entered into a three- year contract with Beliis Fair Mall for snow removal. The contract was in writing, but it was agreed orally that the snow would need to be at least 3 inches deep before the contract was operative. Which is the applicable legal concept?
A) The parole evidence rule will not allow the oral stipulation to be enforced by the courts.
B) The oral part is a condition precedent, therefore renders the contract void.
C) The contract is in effect regardless of the oral stipulation.
D) The oral part is a condition precedent, therefore enforceable.
E) The oral part is a condition subsequent and is effective for three years.

Question

Quizplus · Accepted Answer

The oral stipulation is a condition precedent, meaning that it must occur before the contract becomes operative. However, this does not render the contract void. If the condition is met, then the contract is enforceable. The parole evidence rule would not prevent the oral stipulation from being enforced, as it is a part of the contract. The contract is not in effect regardless of the oral stipulation. The oral part is not a condition subsequent, as it does not occur after the contract is formed.