Explain the relationship between the parol evidence rule and ambiguous contracts.
What will be an ideal response?
There are many situations in which either the writing is not the best evidence of the agreement between the parties or a party is not challenging the writing but is instead challenging the underlying contractual obligation that the writing represents. These are the bases of the "ambiguous contracts" exception to the parol evidence rule, where oral testimony regarding the meaning of the written contract is allowed. If the terms of the writing are unclear, oral testimony can be introduced to aid the court in interpreting the writing. A party can introduce testimony about the facts and circumstances surrounding the agreement without contradicting its terms.
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This question contains two parts; be sure to answer both. First, describe the elements of the communication process. Next, imagine that you are the CEO of a cosmetics company. Your company is headquartered in Chicago, where you have more than 3,000 employees. You are planning to give a talk to all the employees, a "state of the company" address that reviews the company's performance, victories, and challenges over the past 12 months. Because you want every employee to be able to listen to your address, you decide to do it as a webcast that employees can watch on their computers in real time. Explain how your webcast includes each element of the communication process.
What will be an ideal response?
Why do governments and defendants enter into plea bargains?
What will be an ideal response?
Laura Donen had a swimming pool installed in her back yard. It came with a warranty for materials and workmanship for two years, except for the filtration system
The warranty stated that it was in lieu of any other warranties or conditions, express or implied by law. The filtration system broke down within a week and had to be completely replaced. Can Laura sue the supplier for this? Why or why not? A) No. The warranty specifically excluded the filtration system. B) No. The Sale of Goods Act allows parties to exclude its implied conditions and warranties. C) Yes. The implied conditions and warranties under the Sale of Goods Act take precedence over an express warranty in a contract. D) Yes. The Consumer Protection Act (or equivalent) prohibits a consumer sale from excluding the implied conditions and warranties under the Sale of Goods Act. E) Both A and B
Consider the Demand for Microwave Ovens data set. What is the total demand corresponding to random numbers 44, 84, 15, 96, 86, and 41?
A. 14
B. 15
C. 16
D. 17