Baine lived in Bristol Harbor, a resort area on the Atlantic coast. She entered into a written agreement to sell her daily catch of fresh lobster at an agreed price to a local restaurant during the tourist season. At the end of the tourist season, Bain sued the restaurant for an additional $2,000. She claimed that shortly before signing the contract, the restaurant owner orally agreed to pay a $2,000 bonus. Using the IRAC method, discuss whether Bain will prevail.

Question

Dustin Cole

Business

14 April, 14:02

Baine lived in Bristol Harbor, a resort area on the Atlantic coast. She entered into a written agreement to sell her daily catch of fresh lobster at an agreed price to a local restaurant during the tourist season. At the end of the tourist season, Bain sued the restaurant for an additional $2,000. She claimed that shortly before signing the contract, the restaurant owner orally agreed to pay a $2,000 bonus. Using the IRAC method, discuss whether Bain will prevail.

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London Schwartz · Answer 1

Solution and Explanation:

A court assumes that the written cntarct is the begining and the end of all the terms of the agreement and will not acept the parol evidence if it changes the meaning of the terms of contract.

Parol evidence should only be used to determine the inetntions of the parties at the time the contract was made, not after the fact.

Valid contract: The elemenst of valid contract must be seen.

Since Mrs B signed a contract with the specific terms that did not include a bonus, a court would not consider an oral agreement based on completing a yet to be written contract under the parol evidence rule.

hence, Mrs B cannot introduce the oral agreement under the parol evidence rule.