Question
Part D. Abel and Baker sign a contract for the sale of Abels 1972 Camaro to Baker for $15,000. After the money and the car
Part D.
Abel and Baker sign a contract for the sale of Abels 1972 Camaro to Baker for $15,000. After the money and the car have been exchanged and the sale is complete, Baker sues Abel for breach of contract. Baker claims that Abel, before they wrote the contract and executed it, promised 4 brand new tires for the car in case any of the tires on the car were faulty. The contract is silent regarding the sale of tires. Baker requests that the court exclude this evidence of a prior agreement that is not in the final contract. What rule of evidence applies to the prior agreement, and is this prior agreement admissible under this rule? Further, in what instances does the rule not apply regarding contract disputes? Discuss.
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