Question
Assume you are in the management office, signing a lease on a new apartment. You notice that the lease has a prohibition against pets. You
Assume you are in the management office, signing a lease on a new apartment. You notice that the lease has a prohibition against pets. You go ahead and sign even though you were planning to get a puppy to keep in the apartment. Assume there is a merger clause. You ask the landlord as you are signing whether it would be okay to buy a small puppy and keep in the apartment, and the landlord replies "we have made arrangements for other tenants, just let us know." You buy the puppy a few weeks later and get her settled in the apartment and go down to the management office to let the landlord know. He says that he charges an extra $500 deposit for animals, and in any event, the dog is too big and he will not accept it.
- Can you enforce his statement to you when you signed the lease? Why or why not?
2. Exceptions to Parol (Oral) Evidence Rule
- Void or voidable contracts
- Contracts conditioned on Orally Agreed-on-Terms-condition precedent
- Contracts with obvious Typographical Errors
- Contracts that have been subsequently modified
- Contracts containing ambiguous terms- oral evidence used to explain ambiguity
- Evidence of Prior Dealings pr Usage or Trade-UCC
Find 3 exceptions that could apply here if the facts were slightly different. Then suggest the changes to the fact pattern that would help you argue those exceptions.
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