Adam is interested in buying Hana's apartment in HCMC$.$ The parties meet, negotiate and sign a written agreement as follows:

$“$Adam will pay Hana $$60000$ for the Apartment at address $123$ Nguyen Hue Street and Hana will give Adam complete ownership of the apartment and its contents, including the sofa, bed and kitchen table and chairs. The parties will transfer ownership on Saturday, December $16,2006.”$ There are about five more pages in the document, containing information about insurance, how the money will be transferred, registering the property in Adam's name, and other relevant details. The document contains an integration clause stating that it is the full, complete, total and final agreement between the parties. It also states that any statements not explicitly included therein are mere representations and are not contractually binding.

Before signing the document, Adam asked Hana if he could also have her $“$Honda Click$”$ motorcycle, which is parked downstairs in the garage. Hana told Adam $“$sure$,$ you can have it as part of the deal. I am moving to America anyway, and I will buy a car when I get there$”.$ There is no mention of the motorbike in the written document.

On December $16,$ Adam transfers $$60000$ into Hana's bank account and they go to the Land Title Office to transfer the apartment into Adam's name. Hana gives Adam the keys. He returns to his apartment, opens the door and finds that the furniture is all there. He went to the garage and realized that the motorcycle was missing. He calls Hana and yells at her, demanding that she deliver the motorbike. She says she has changed her mind and that she is taking the bike with her to the USA.

Adam is furious and wants to sue Hana for breach of contract. Will he succeed? Why or why not?

Answer rating: 100% (QA)

ANSWER IS Adam may not succeed in suing Hana for breach of contract ... View the full answer