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MMLU / After lengthy negotiations, a buyer and seller signed a written contract for the…

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question

After lengthy negotiations, a buyer and seller signed a written contract for the sale of ten thousand pounds of "quality salmon" for $50,000. Upon delivery, the buyer was surprised to find an assortment of pacific wild salmon, domestic salmon raised in captivity, and mixed east coast salmon. In prior discussions, the parties agreed on all pacific wild salmon for fulfillment of the order, and none of the other inferior types were discussed. Does the parol evidence rule apply to preclude the buyer's testimony regarding what kind of salmon the parties' intended by the term "quality salmon" in the written contract?

choices

  1. No, the parol evidence rule does not apply to preclude testimony in cases such as this one where the testimony would explain what the parties meant by the terms they used.
  2. Yes, the parol evidence rule applies to preclude the testimony because the testimony would add to or contradict the final signed writing.
  3. No, the parol evidence rule does not apply because the contract was reduced to writing.
  4. Yes, the parol evidence rule applies to preclude the testimony because the terms of the contract were not recorded and preserved at the time of signing the contract.

subject

professional_law

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