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A contractor agreed to remodel a homeowner's garage for $5,000. Just before the parties signed the one-page written contract, the homeowner called to the contractor's attention the fact that the contract did not specify a time of completion. The parties orally agreed but did not specify in the contract that the contractor would complete the work in 60 days, and then they both signed the contract. The contract did not contain a merger clause. The contractor failed to finish the work in 60 days. The homeowner has sued the contractor for breach of contract. Is the court likely to admit evidence concerning the parties' oral agreement that the work would be completed in 60 days

Respuesta :

Yes, the court is likely to admit evidence concerning the parties' oral agreement that the work would be completed in 60 days because the time limit is an additional term that does not contradict the "partially integrated" written contract.

What is partially integrated written contract?

A partially integrated contract is one that expresses all of its terms in their full and complete legal contract, but does not express all of the terms and condition that the parties have mutually agreed upon.

The key components to a written contract-

  • Offer.
  • Acceptance.
  • Awareness.
  • Consideration.
  • Capacity.
  • Legality.

Thus, a contract that is only partially integrated is one that fully expresses all of the terms contained therein but does not fully convey all of the agreements reached by [or among] the parties.

To know more about elements for a legally valid contract, here

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