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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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5.4. Application of the parol evidence when agreements are ambiguous |
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Read the facts and the question and then choose the best answer. A visits B's ranch and is shown a black horse called 'Mayfair'. He likes the horse and offers to buy it. A then signs a written contract, which appears on its face to be a complete agreement, promising 'to pay $5,000 for the purchase of the horse Mayfair owned by B'. In fact B owns two horses registered under the name Mayfair. One of these is black, the other brown. If B does not accept that he agreed to sell the black horse to A, will A be entitled to lead evidence of a term, not contained in the written contract, that it was the black horse he agreed to buy? |
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