FACTS: An example of the parol evidence rule playing out in an employment setting was where a head coach contract became part of a legal dispute between West Virginia University and its former football coach, Rich Rodriguez. Rodriguez accepted a job at the University of Michigan four months after signing a two-year extension to coach at WV University. WV University sued Rodriguez at this point to recover $4 million under the buyout provision in its contract with the coach if he left before the end of the two years. In his answer to WV University's complaint, Rodriguez alleges that an oral promise was made to him in advance of signing the extension that the buyout clause would not be enforced if he left before the end of the two-year extension. QUESTIONS:
Is the two-year extension required to be in writing under the statute of frauds? (explain)
Do you think Rodriguez can use WV’s prior oral promise that the buyout clause would not be enforced as a defense to paying the 4 million? (explain)
What if WV University had made the oral promise at the time of the contract signing? (explain)
What if WV University had included the promise in an email sent prior to and not included in the final contract? (explain)
What if WV University had included the promise in an email sent after the final contract was signed? (explain)