Tony entered into a complete and final written lease agreement for an apartment. The lease specified in bold, "NO PETS." At the time the parties signed the agreement, Tony pleaded with the landlord to allow him to keep Fluffy his cat. The landlord promised orally that keeping the cat would not be a problem. Tony's friends can attest to the fact that the landlord made this oral promise, but now the landlord wants to terminate the lease agreement. The lease provides for early termination with a penalty provision if pets are found on the premises. Which of the following statements is TRUE?
A)Evidence cannot be admitted to show that there was an oral agreement that was inconsistent with the terms of the written contract, so the written agreement stands, and Fluffy must go.
B)The written contract was modified orally when it was executed so the oral agreement is binding. Fluffy stays.
C)The oral agreement can be proved so it can be enforced. Fluffy stays.
D)The Statute of Frauds does not require leases to be on writing, so the oral agreement is not in violation of either the Statute of Frauds or the Parole Evidence Rule. Since the oral agreement is valid, Fluffy stays.

Question

Tony entered into a complete and final written lease agreement for an apartment. The lease specified in bold, "NO PETS." At the time the parties signed the agreement, Tony pleaded with the landlord to  allow him to keep Fluffy his cat. The landlord promised orally that keeping the cat would not be a problem. Tony's friends can attest to the fact that the landlord made this oral promise, but now the landlord wants to terminate the lease agreement. The lease provides for early termination with a penalty provision if pets are found on the premises. Which of the following statements is TRUE?
A)Evidence cannot be admitted to show that there was an oral agreement that was inconsistent with the terms of the written contract, so the written agreement stands, and Fluffy must go.
B)The written contract was modified orally when it was executed so the oral agreement is binding. Fluffy stays.
C)The oral agreement can be proved so it can be enforced. Fluffy stays.
D)The Statute of Frauds does not require leases to be on writing, so the oral agreement is not in violation of either the Statute of Frauds or the Parole Evidence Rule. Since the oral agreement is valid, Fluffy stays.

Quizplus · Accepted Answer

The Parol Evidence Rule generally prohibits the admission of evidence of prior or contemporaneous oral agreements that would contradict the terms of a written contract, meaning the "NO PETS" clause in the written lease agreement would stand, and any oral agreement to the contrary would not be enforceable.

Tony Entered into a Complete and Final Written Lease Agreement