Vicki Entered into a Written Contract to Buy a Car

question 44

Multiple Choice

Vicki entered into a written contract to buy a car from Valley Motors.During the negotiations,the sales representative said that the car had a two-year full warranty.The written contract included a provision that stated,"This writing is the full and final expression of the parties' agreement,and anything said before signing or while signing is irrelevant." The written contract did not include a warranty.Two months after Vicki took delivery of the car,she discovered that the transmission needed to be replaced.Vicki claimed that it was covered by the full warranty.Will Vicki be able to present evidence as to the sale representative's statements concerning the warranty?

• A) No. The parol evidence rule will most likely exclude any evidence of the discussion of the warranty.
• B) Yes. The UCC will allow evidence as to the discussion of the warranty.
• C) Yes. The evidence is needed because the contract is ambiguous.
• D) Yes. The contract was fully executed.

---

Definitions:

Functionally Illiterate

The condition of having limited reading and writing skills that are insufficient for everyday needs.

Mistake of Fact

A misunderstanding or incorrect belief regarding a fact that is material to a contract at the time of its formation, potentially rendering the contract voidable.

Non Est Factum

A legal defense in contract law where a person asserts they were mistaken about the fundamental nature of a contract they signed, rendering it void.

Guarantee Indebtedness

An obligation or commitment by one party to assume responsibility for the debt of another if they default.