UGBA 175 Lecture Notes - Lecture 20: Parol Evidence Rule
11 Nov 2016
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Arguments for family: objective impossibility/ frustration of purpose. No one could perform the contract for a body of dead person. To use this defense, must be unforeseen defense lost because this was foreseeable: still under old contract. No consideration, double paying or home should have had refunded him. Court: he got promise of care, just the promise of the value of care is consideration. Lifecare does not need to be in writing = statute of frauds, within 1 year. Parol evidence rule: allowed because no final written contract. S is merchant, signed writing, open for less than 3 months, so no. No, only firm offer, only contract when george buys oil. April 3 order is offer s can reject. March 15/30 sue for breach yes. No, should have ordered it asap (1700 gallons) What does he get: dollar difference for 1700 gallons. No, only implied condition that you perform the surgery to the best of your ability.
