Bernadette contracts in writing to sell Emily a flatbed trailer so that Emily's son can use the trailer as the base of a homecoming parade float on October 17.Bernadette knows all about the parade,but the written contract only requires Bernadette to deliver the trailer in October and Bernadette uses the trailer for her projects until October 20 when she tenders delivery to Emily.Emily refuses the trailer and refuses to pay the contract price since her son no longer needs it.Discuss in detail what evidence is admissible in a suit by Bernadette against Emily for breach of contract.

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Frances Williams · Accepted Answer

Final Answer : Clearly,the written contract is admissible and the best evidence rule would require that it be the original signed copy.In October is ambiguous since a specific date is not stated.The standard construction rule would allow evidence of the parade and purpose for the contract to be admissible.The parol evidence rule allows evidence to be admitted to supply missing terms,in this case the date of the parade.

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