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MMLU / A contractor agreed to remodel a homeowner's garage for …

Problem

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question

A contractor agreed to remodel a homeowner's garage for $5,000. Just before the parties signed the one-page written contract, the homeowner called to the contractor's attention the fact that the contract did not specify a time of completion. The parties orally agreed but did not specify in the contract that the contractor would complete the work in 60 days, and then they both signed the contract. The contract did not contain a merger clause. The contractor failed to finish the work in 60 days. The homeowner has sued the contractor for breach of contract. Is the court likely to admit evidence concerning the parties' oral agreement that the work would be completed in 60 days?

choices

  1. No, because the court must ascertain the meaning of the agreement from the terms of the written contract.
  2. No, because the oral agreement was merely part of the parties' negotiations.
  3. Yes, because the contract is ambiguous.
  4. Yes, because the time limit is an additional term that does not contradict the partially integrated written contract.

subject

professional_law

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Source and history

task_id
3b3251a6-7540-5ffa-909d-eb9dfac2c835
task_key
all--test--3b3251a6-7540-5ffa-909d-eb9dfac2c835
task_revision_id
1
config / split
all / test

Official source

initial import