Friday, August 23, 2019
Blaw Essay Example | Topics and Well Written Essays - 500 words - 1
Blaw - Essay Example As long as they had agreed in writing, it only means that the entertained should follow suit by paying for the service (Clarkson et al. 28). Parole Evidence Rule is not fixed just to parole or oral evidence. Under the rule, written agreements prior to the main agreement cannot be used to annul a latter drafted agreement particularly when it has been validated into a legally-binding written agreement. The disavowal that the concluding contract supersedes all the antecedent promises continues to give a pointer that indeed there was non-inclusion of furniture to the initially contracted terms. The second dimension indicates that whereas furniture is denotatively mentioned throughout the contract, a federal court may find that the provisions in the contract cannot be enforced because of vagueness. In other words, the terms need to be ââ¬Å"reasonably certainâ⬠to effect enforcement. The same court can easily interpret the provision as an incipient agreement and seems promissory but were only meant to represent preliminary negotiations and had no legally binding connotations (Clarkson et al. 31). In an event where the court is able to determine that the provisions are unenforceable, it cannot determine the pricing due to the fact that the seller under no any legal obligation to undertake any terms of the provision. In other words, there was no obligation for the inclusion of furniture in sale agreement. In the future transaction where furniture is indeed included in the contract but the price is not, the court will not have to determine the price. In short, the court can only determine the price only when a service or good has in a way been consumed and cannot be returned in a similar condition with which it was sold. The same applies to its value which will have depreciated considerably compared to the time of sale. Such a situation will force the court to defer the pricing to
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