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MMLU / A ceramics studio contracted with an artist to produce cups and saucers designed…

Problem

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question

A ceramics studio contracted with an artist to produce cups and saucers designed by the artist. The artist was an established designer of collectible ceramic dinnerware, and the studio did production work for many artists who created ceramic dinnerware. The price and quantity term of the contract read: "2,000 sets of the cups and saucers at $5 each, payable on delivery." The contract contained a merger clause. The studio produced the cups and saucers and delivered them along with a bill for $20,000 (4,000 pieces at 5perpiece).Theartistrefusedtopaymorethan5 per piece). The artist refused to pay more than 10,000 (2,000 sets at $5 per set). At the trial of the studio's action against the artist for breach of contract, the studio introduced evidence of an established practice in the studio industry to price cup-and-saucer sets on a per-piece, not a per-set, basis. Is the studio's evidence admissible?
Plain-text mathematical notation (without MathML)
A ceramics studio contracted with an artist to produce cups and saucers designed by the artist. The artist was an established designer of collectible ceramic dinnerware, and the studio did production work for many artists who created ceramic dinnerware. The price and quantity term of the contract read: "2,000 sets of the cups and saucers at $5 each, payable on delivery." The contract contained a merger clause. The studio produced the cups and saucers and delivered them along with a bill for $20,000 (4,000 pieces at 5perpiece).Theartistrefusedtopaymorethan10,000 (2,000 sets at $5 per set). At the trial of the studio's action against the artist for breach of contract, the studio introduced evidence of an established practice in the studio industry to price cup-and-saucer sets on a per-piece, not a per-set, basis. Is the studio's evidence admissible?
Original LaTeX notation
A ceramics studio contracted with an artist to produce cups and saucers designed by the artist. The artist was an established designer of collectible ceramic dinnerware, and the studio did production work for many artists who created ceramic dinnerware. The price and quantity term of the contract read: "2,000 sets of the cups and saucers at $5 each, payable on delivery." The contract contained a merger clause. The studio produced the cups and saucers and delivered them along with a bill for $20,000 (4,000 pieces at $5 per piece). The artist refused to pay more than $10,000 (2,000 sets at $5 per set). At the trial of the studio's action against the artist for breach of contract, the studio introduced evidence of an established practice in the studio industry to price cup-and-saucer sets on a per-piece, not a per-set, basis. Is the studio's evidence admissible?

choices

  1. No, because such evidence would vary an unambiguous term of the contract.
  2. No, because the agreement was completely integrated.
  3. Yes, because evidence of trade usage is always admissible.
  4. Yes, because the usage of trade is offered to give meaning to the contract.

subject

professional_law

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Source and history

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