Question
For the purposes of this question, assume the writing was the same as in Question 1, but that instead of a missing hot tub, Buyer
For the purposes of this question, assume the writing was the same as in Question 1, but that instead of a missing hot tub, Buyer argues that Seller had, prior to reducing the agreement to writing, orally agreed 100 to remove a tool shed on the property that interfered with the view from the property. ("Shed Agreement") No mention of the Shed Agreement made it into the written agreement. In an action by Buyer for breach of contract in which the judge determines the written contract is partially integrated, would Buyer be able to introduce evidence of the Shed Agreement?
(A) Yes, because a party can always introduce parol evidence if an agreement is partially integrated.
(B) No, because a party cannot introduce parol evidence if an agreement is partially integrated.
(C) Yes, if the court determined the Shed Agreement is a term that might naturally be omitted from a land sale contract.
(D)No, if the court determined that the Shed Agreement was a "consistent additional term."
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