Question
Duda is a Delaware corporation having its primary place of business in Chicago, IL. Duda produces network switchers, a type of electronic component used to
Duda is a Delaware corporation having its primary place of business in Chicago, IL. Duda produces network switchers, a type of electronic component used to connect multiple computers to one another and to the Internet. Duda purchases component parts from a number of manufacturers. In particular, Duda purchases application-specific integrated circuits, which are considered the control center of its network switchers, from Buba. Buba is a Gernam corporation but it asserts that, at all relevant times, its corporate headquarters, inside sales and marketing office, public relations department, principal warehouse, and most design and engineering functions were located in Burnaby, British Columbia, Canada. Eventually, the parties had a dispute and a lawsuit was filed in Illinois. The terms and Conditions in Duda's contract provided:
"APPLICABLE LAW. The validity [and] performance of this [purchase] order shall be governed by the laws of the state shown on Buyer's address on this order." The buyer's address as shown on each of the Purchase Orders is Chicago, IL.
A. What law should govern this dispute, and why? Please be specific.
B. During legal proceedings, Buba wished to introduce some extrinsic evidence that would clearly exclude certain provisions of the written contract. The extrinsic evidence relates to discussions between the two parties prior to signing of the contract. Duda objected, and the objection was s based on the parole evidence rule. Will Buba be able to introduce the extrinsic evidence in question?
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