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MMLU / An owner and operator of a restaurant contracted in writing with a produce…

Problem

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question

An owner and operator of a restaurant contracted in writing with a produce distributor to buy 50 pounds of heirloom tomatoes. At the time the contract was signed, the owner orally said to the distributor, "We do have an understanding that our chef must approve the quality of the heirloom tomatoes before I will pay you. " The distributor acknowledged the owner's request and responded, "If you say so. "Thereafter, the distributor delivered the heirloom tomatoes to the owner. After inspecting the tomatoes, the chef refused to give his approval, because he felt that the tomatoes were not of sufficient quality. As a result, the owner refused to accept and pay for the tomatoes. The distributor brought a breach of contract action against the owner because he refused to pay for the tomatoes. How should the court rule on the owner's offer to prove, over the distributor's objection, that the chef refused to approve the tomatoes that were delivered?

choices

  1. The evidence is admissible to show frustration of purpose.
  2. The evidence is admissible to show that the written agreement was subject to an oral condition precedent.
  3. The evidence is barred, because the written contract appears to be a complete and total integration of the parties' agreement.
  4. The evidence is barred, because the oral agreement is within the statute of frauds.

subject

professional_law

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Source and history

task_id
bd06baca-93fd-5692-b212-6fc030699f7b
task_key
all--test--bd06baca-93fd-5692-b212-6fc030699f7b
task_revision_id
1
config / split
all / test

Official source

initial import