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

question 45

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 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 evidence of prior dealings or usage of trade.
• B)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.
• C)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.
• D)The medical center will prevail based upon the written contract.
• E)The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete.

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Definitions:

Assumptions

Beliefs or statements taken for granted without proof.

Paraverbal Communication

The aspects of spoken communication that do not involve words themselves, such as tone of voice, pace, volume, and pitch.

Gaze Aversion

The act of deliberately avoiding eye contact, often to manage cognitive load or due to social anxiety.

Haptics

The technology that simulates the sense of touch through vibrations, forces, or motions to the user.