EcoGrow Inc.contractually agreed to deliver two tons of organic fertilizer on March 16 to Organics Inc.The contract provided for the payment of $1000 for each day the delivery may be delayed.An ice storm closed the highways,causing Eco to deliver four days late.What could you likely expect a lawyer representing Organics to argue before the court hearing a dispute over the non-payment of the late fee?
A) to have the court apply the parole evidence rule to the contract
B) to ignore the parties' intentions and apply the plain-meaning rule
C) to have the court apply the rules of construction to the contract
D) to ignore the rules of construction and apply the entire contract rule

Question

Quizplus · Accepted Answer

The lawyer for Organics Inc. would likely argue to apply the plain-meaning rule, which interprets the contract based on the clear, literal meaning of its words. Since the contract explicitly states a $1000 fee for each day of delay, the lawyer would argue this clear stipulation should be enforced, regardless of any external circumstances like the ice storm.