Question
Wei Peng is the owner of a successful graphic design business. Wei purchases a new high powered multi-function device that is able to print, scan
Wei Peng is the owner of a successful graphic design business. Wei purchases a new high powered multi-function device that is able to print, scan and photocopy from Star Office Equipment. Before signing the purchase contract, Wei asks Julian, the sales representative, if the device can print at least 40 colour pages per minute, whilst retaining very crisp quality text and images, as that is essential to meet her business printing needs.Julian assures Wei the device can do that. Wei signs the contract without reading it. The contract states that payment in full must be made on delivery of the device. The contract does not specify how many pages per minute the device can print, but does specify that it can print, scan and photocopy, in both black and white and colour. When Wei sets up the device, she discovers that it can only print fourty pages per minute in black and white - colour printing is a lot slower at fifteen pages per minute.
According to the parol evidence rule, which of the following statements isCORRECT:
Select one:
a.Signing a written document is conclusive proof of an intention to be bound, regardless of the nature of the document and whether the document was read or not.
b.If a contract is in writing, it is presumed that the written document is the entire agreement between the parties and evidence which would add to, vary or contradict it cannot be introduced by the parties. Julian's statement about the printer being able to print 40 colour pages per minute would be excluded from the contract.
c.The parol evidence rule allows parties to put forward evidence of both oral promises given before or after the contract was signed as well as the written promises agreed between the parties. Julian's statement about the printer being able to print 40 colour pages per minute would be allowed to be included in the contract.
d.The parol evidence rule is strictly applied, and the court is not permitted to make an exception under any circumstances.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started