Handout Problem, 1/28/04

 

(a)   This would be admissible because only one writing discusses it.

(b)  This evidence definitely would not be admissible because it concerns a term with respect to which the parties agree in the writings.  If they had really agreed on $10.85, it is highly unlikely that both sides would have made the same mistake in their respective writings.

(c)  This seems similar to (b), but I think it is distinguishable and would be admissible.  The discount is conditional upon payment by a certain date.  This discount thus doesn’t contradict the agreed-upon price term.

(d)  This evidence definitely would not be admissible because the phone conversation took place after the purchase order and acknowledgement were dispatched and received.

 

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