Jerry signs an agreement to buy a car from Great Cars Dealership. Prior to signing, the dealer tells Jerry that he will include new floor mats, a roof rack and upgrade the CD player. No mention of these additions is in the written contract. When Jerry goes to pick up the car, he is told that those upgrades will cost him $800 more. Jerry agrees to pay $400 and the dealer accepts and provides the items. Jerry sues Great Cars Dealership for return of his $400. What arguments can each side make regarding this dispute? How does the parol evidence rule apply to the agreement?
What will be an ideal response?
Jerry will argue that no consideration was given to support his promise to pay an additional $400. Great Cars gave him nothing other than that which he was already entitled to under the original contract.
Great Cars Dealership will argue that oral testimony varying the terms of the written agreement are barred by the parol evidence rule, and none of these items are stated in the written contract that Jerry signed.
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