Colin and Natalie Orally Agreed with Medical Center X for an in Vitro

question 38

Multiple Choice

Colin and Natalie orally agreed with Medical Center X for an in vitro fertilization procedure that would not result in the birth of an autistic child. They later signed a written contract stating that the medical center could not promise an absence of physical or mental defects and assumed no responsibility for such defects. The child conceived had autism. Which of the following is the most likely result of the parents' suit for breach of the oral agreement if the court follows the decision in Scalisi et al. v. New York University Medical Center discussed in the text?

• A) The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts conditioned on orally agreed upon terms.
• B) The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts that are not final as they are part written and part oral.
• C) The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete.
• D) The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving evidence of prior dealings or usage of trade.
• E) The medical center will prevail based upon the written contract.

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Definitions:

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