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MMLU-Pro / 1867 / A man hired a videographer to film his daughter's wedding. The written contract…
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A man hired a videographer to film his daughter's wedding. The written contract entered included a "payment clause," which provided that the videographer would be "paid
$10,000 for the filming and editing of a 60-minute video of the wedding and the reception. " The man included in the contract a stipulation that the video would be filmed using high definition equipment. The contract made no other reference to compensation. Thereafter, the videographer filmed and edited the 60-minute video, using high definition equipment, and presented it to the man. The videographer then submitted to the man an invoice statement in the amount of $15,000. Besides the 5,000 charge for the use of the high definition equipment. Denying any additional liability, the man sent the videographer a check for 5,000. Which of the following arguments would be most persuasive to support the videographer's contention that when the written contract was executed, the man agreed to pay the videographer 10,000 fee?Plain-text mathematical notation (without MathML)
A man hired a videographer to film his daughter's wedding. The written contract entered included a "payment clause," which provided that the videographer would be "paid $10,000 for the filming and editing of a 60-minute video of the wedding and the reception. " The man included in the contract a stipulation that the video would be filmed using high definition equipment. The contract made no other reference to compensation. Thereafter, the videographer filmed and edited the 60-minute video, using high definition equipment, and presented it to the man. The videographer then submitted to the man an invoice statement in the amount of $15,000. Besides the 10,000contractfigure,thebillincludeda5,000 charge for the use of the high definition equipment. Denying any additional liability, the man sent the videographer a check for 10,000.Thevideographerthenbroughtsuitagainstthemantorecovertheadditional5,000. Which of the following arguments would be most persuasive to support the videographer's contention that when the written contract was executed, the man agreed to pay the videographer 5,000foruseofthehighdefinitionequipmentinadditiontothe10,000 fee?
Original LaTeX notation
A man hired a videographer to film his daughter's wedding. The written contract entered included a "payment clause," which provided that the videographer would be "paid $10,000 for the filming and editing of a 60-minute video of the wedding and the reception. " The man included in the contract a stipulation that the video would be filmed using high definition equipment. The contract made no other reference to compensation. Thereafter, the videographer filmed and edited the 60-minute video, using high definition equipment, and presented it to the man. The videographer then submitted to the man an invoice statement in the amount of $15,000. Besides the $10,000 contract figure, the bill included a $5,000 charge for the use of the high definition equipment. Denying any additional liability, the man sent the videographer a check for $10,000. The videographer then brought suit against the man to recover the additional $5,000. Which of the following arguments would be most persuasive to support the videographer's contention that when the written contract was executed, the man agreed to pay the videographer $5,000 for use of the high definition equipment in addition to the $10,000 fee?
category
law
options
- The contract is open to interpretation and does not explicitly state that use of high definition equipment would be included in the $10,000 fee.
- The use of high definition equipment is a separate service and not included in the base fee for filming and editing.
- According to the customary trade practice of the video industry, a $10,000 fee for filming and editing means $10,000 in addition to a supplemental charge if high definition equipment is used.
- An oral agreement to that effect, if provable, would only supplement, not contradict, the "payment clause" as written.
- The man's stipulation for high definition equipment implies agreement to additional charges associated with the use of such equipment.
- The videographer can provide evidence of past clients who were charged separately for the use of high definition equipment.
- Assuming arguendo that the written "payment clause" was fully integrated and neither patently nor latently ambiguous, equitable considerations require admission of extrinsic evidence, if available, of the parties' intent, since the videographer would stand to lose $5,000 on the contract.
- Under the UCC, extrinsic evidence, if available, of additional terms agreed to by the parties is admissible unless such terms "would certainly vary or contradict those contained in the document. "
- The videographer had previously informed the man of the additional costs of using high definition equipment.
- The videographer provided a service above and beyond the agreed upon terms, therefore justifying the additional cost.
src
ori_mmlu-professional_law
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