Fact Pattern 16-3
Alain and Brie sign a contract for the sale of Alain's Patisserie to Brie. The parties intend their written contract to be a final statement of most, but not all, of the terms of their agreement-Alain must first buy the building from Commercial Properties, Inc., after which Alain and Brie will agree on a price.
-Refer to Fact Pattern 16-3. Brie later disputes some of the provisions of the deal with Alain. If the dispute results in litigation, a court will most likely admit evidence of additional terms that are
A) ambiguous.
B) consistent.
C) contradictory.
D) clear.

Question

Fact Pattern 16-3
Alain and Brie sign a contract for the sale of Alain's Patisserie to Brie. The parties intend their written contract to be a final statement of most, but not all, of the terms of their agreement-Alain must first buy the building from Commercial Properties, Inc., after which Alain and Brie will agree on a price.
-Refer to Fact Pattern 16-3. Brie later disputes some of the provisions of the deal with Alain. If the dispute results in litigation, a court will most likely admit evidence of additional terms that are​
A) ​ambiguous.
B) ​consistent.
C) ​contradictory.
D) ​clear.

Quizplus · Accepted Answer

The court will likely admit evidence of additional terms that are consistent with the existing terms in the contract, as the parties intended their written contract to be a final statement of most, but not all, of the terms of their agreement. Evidence of contradictory or ambiguous terms would undermine the clear intent of the parties to create a final, binding contract. Clear terms would not need further evidence to interpret, so they would not be relevant in this situation.

Fact Pattern 16-3 Alain and Brie Sign a Contract for the Sale of the Sale