Asked by Preanna Williams on Jul 03, 2024
Verified
A written, integrated contract contains a provision that states it will be effective for a "year." The plaintiff in a lawsuit claims that a "year" is obviously 12 months. The defendant claims that the contract meant a 10-month school year. In this case:
A) parol evidence cannot be used to explain the term, because the plain meaning of a "year" is 12 months.
B) parol evidence cannot be used to explain the term, because it is in an integrated document.
C) the term "year" is ambiguous, and the parties can bring in parol evidence to clarify their intent.
D) parol evidence cannot be used, because the contract contains an express term that could have been changed by the parties prior to the contract's execution.
Parol Evidence
The rule that bars oral testimony or prior written agreements that contradict or modify the terms of a written contract.
Integrated Document
A combined document that merges several related materials into one cohesive file, often for clarity and comprehensive understanding.
Ambiguous
Lacking clear definition or form, often leading to confusion or multiple interpretations.
- Understand the principles and limitations of the parol evidence rule.
Verified Answer
JR
jerry roegnerJul 10, 2024
Final Answer :
C
Explanation :
The term "year" is ambiguous in this context, as it could mean a calendar year (12 months) or a specific period like a school year (10 months). Therefore, parol evidence (external evidence) can be introduced to clarify what the parties intended by "year" in the contract.
Learning Objectives
- Understand the principles and limitations of the parol evidence rule.