Asked by Lauren Lawlor on May 05, 2024

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Catherine and Jacob have a written contract to buy and sell "100 cases of widgets." The 100 cases is a typo,so after signing the contract they orally agree to modify the contract to "1,000 cases of widgets." If later the parties are in litigation concerning the amount of widgets involved in the contract,can evidence of the oral change be introduced into evidence?

A) No,since this violates the parol evidence rule.
B) Yes,since both signed the original contract.
C) Yes,since this is an exception to the parol evidence rule.
D) No,since this violates the best evidence rule.

Parol Evidence Rule

A legal principle stating that once a written contract is finalized, verbal statements or agreements made prior to the contract cannot be used to contradict or vary the terms of the written contract.

Best Evidence Rule

A legal principle requiring the original document or primary evidence of a written agreement to be submitted to a court, rather than a copy.

  • Analyze the enforceability of oral modifications to written contracts.
  • Explore the impact of the parol evidence rule on the interpretation and enforcement of contractual agreements.
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Verified Answer

XF
Xagros FarajiMay 12, 2024
Final Answer :
C
Explanation :
The parol evidence rule generally prohibits the introduction of extrinsic evidence (such as oral agreements) to vary or contradict the terms of a written contract. However, one exception to this rule is when the oral agreement is a subsequent modification to the written contract. As long as the oral agreement satisfies the requirements for a valid contract, it can be introduced into evidence to show that the parties agreed to modify the original written contract.