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First Principles of Business Law |
| The contents of a contract |
| 5. Proving the existence of agreed terms |
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5.2. Written contracts and the parol evidence rule |
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Read the facts and the question and then choose the best answer. B wants her house painted. She negotates with A, a painter, discussing price, colours, type and quality of the paints A uses. A says he always used 'Dayglo' paint. The next day A sends a document to B, asking her to sign it to complete the contract. The document says: 'A agrees to paint the outside of B's house for $2,000 in any colour chosen by B from A's colour chart.' There is no mention of 'Dayglo' paint. B signs this document. Later, a dispute arises and B wants to lead evidence that, before she signed the contract, A promised orally to use a particular brand of paint called 'Dayglo' paint. In these circumstances, is B entitled to lead evidence to establish this oral term? |
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