A Week After Signing a Contract, You Became Aware That

question 162

Multiple Choice

A week after signing a contract, you became aware that you and the other party, Sheldon, seemed to have a different understanding of one of the provisions of the contract. Before you said anything to him, you reread it to see if your interpretation was valid. As you reread it, you noticed that not only was that provision vague, but also other terms and provisions were ambiguous or left out. Which of the following is false with regard to the methods used by the courts to interpret contracts?

• A) The court will do its best to give effect to the intention of the parties.
• B) To interpret express terms, the courts will look first to the plain meaning of the term (e.g., the dictionary meaning).
• C) The parol evidence rule holds that when a contract is in writing, the court will not allow evidence to contradict, vary, add to, or subtract from the written contract.
• D) Evidence of a condition precedent agreed upon by the parties but not included in the written contract is admissible despite the parol evidence rule.
• E) Evidence of misrepresentation will not be admissible because of the parol evidence rule.

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Definitions:

Debris

Scattered pieces of waste or remains left after the destruction of something.

Delegated Duty

A task or responsibility assigned by one party to another, usually within the scope of employment or contractual agreement.

Assignment

The act of passing on rights, property, or duties from one individual or group to another.

Creditor Beneficiary

A third party who benefits from a contract made between two other parties because one of the primary parties owes a debt to the beneficiary.