Problem: Analyze and explain whether any prior verbal discussions between Winston and Monica should be excluded as a factor in resolving this dispute and why using the CASE FACTS below.
Apply and explain the parole evidence rule to your analysis and discussion of resolution of this dispute.
Case Facts: Monica raises chickens for sale to supermarkets, wholesale distributors, and specialty meat shops. Monica raises three categories of chickens: cage-free chickens, grain-fed chickens, and organic chickens.
Monica held lengthy discussions with a business acquaintance, Winston, who is interested in purchasing chickens for his business.
After extended meetings and negotiations, Winston contracted to buy $50,000.00 worth of "chickens" from Monica. Their final agreement was in writing and contained only the term "chickens". The agreement did not specify which category of chicken Winston was purchasing.
After receiving the shipment of chickens from Monica, Winston was surprised and disappointed to find cage-free chickens instead of organic chickens.
Winston refused to pay for the cage-free chickens because he claimed that his meetings and verbal negotiations with Monica specified that he wanted only organic chickens.