Section 29 of the Contract Which States, "Pigment May Be

question 34

Multiple Choice

Section 29 of the contract which states, "Pigment may be redesigned at any time."
-Serena tells Flo that any judge would find that the contract calls for purple flowers, and that Flo breached the contract by providing pink flowers instead of purple. Is she correct?

• A) No, because the technical terms of Section 29 take precedence.
• B) No, because where there is a conflict between preprinted and handwritten terms, the preprinted ones prevail unless ambiguous.
• C) Yes, but only because more specific provisions take precedence over general ones in a contract.
• D) No, because Serena could not change the terms of the contract.
• E) Yes, because a judge should interpret a contract so as to give effect to the parties' intentions at the time they entered into the contract, and there is evidence that they discussed and intended to have purple flowers.

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