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An agreement between Bert and Ernie for the lease of Ernie's apartment contains a provision that no long - term guests are allowed, but long
An agreement between Bert and Ernie for the lease of Ernie's
apartment contains a provision that no "longterm" guests are
allowed, but "longterm" is never defined in the contract. Right
before signing the lease, Bert tells Ernie that his cousin from Latvia
comes every summer and stays with Bert for a month. Ernie says
"that's fine." Bert goes ahead and signs the lease as written. Later,
when Bert's cousin comes and stays for two weeks, Ernie gives
Bert notice of breach and sues Bert to terminate the lease. During
the subsequent court case, Bert attempts to testify about the
conversation he had with Ernie before signing the lease. What
result?
The court will not allow Bert to testify about the conversation because
the contract was not changed to include this provision before Bert
signed it
The court will allow Bert to testify because under these facts, "long
term" is ambiguous.
Courts never allow evidence about a prior oral conversation when a
written contract exists.
None of the above.
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