Question
This is a dispute between two members, Bao and Jason. Jason had contacted Bao about the prospect of having her provide event planning services for
This is a dispute between two members, Bao and Jason. Jason had contacted Bao about the prospect of having her provide event planning services for a party he was throwing for his family. Jason needed the help and said that Bao should send over a written contract stating that the contract price was for $25,000. When Jason received the contract, he quickly signed it and sent it back to her. Shortly after receiving Jason's signed contract, Bao realized that she had forgotten a few clauses, including an exclusion clause, a jurisdiction clause, and a clause stating that if Jason breached the contract he would owe her $20,000. She quickly called Jason and told him she forgot about the $20,000 clause. Jason said it was no problem at all and verbally confirmed that if he breached the deal he would pay the $20,000. Unfortunately, two days later, Jason called Bao and said that he was breaking off the contract because he found an event planner which he liked better. Jason refused to pay the $20,000 when Bao demanded it. What rule of contractual interpretation might hurt Bao in arguing the clause is in the contract? Are there any exceptions to that rule which might apply? (6 marks)
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