Question: This case primarily involves an implied contract . When a contract s writing is clear and unequivocal, the court will enforce the contract according to
This case primarily involves
an implied contract
When a contracts writing is clear and unequivocal, the court will enforce the contract according to its
obvious
terms. Interpreting a contracts terms from the written document alone is sometimes referred to as the
plain meaning rule
If a contract term is ambiguous, a court may consider
extrinsic evidence
to interpret the contract.
Assessment question
In this case, the meaning of the word chicken is
ambiguous
Therefore, a court
can
use extrinsic evidence to interpret the contract between Freight and LDT The extrinsic evidence shows that the term chicken was given a
broader
interpretation by the parties. Therefore, the extrinsic evidence of the contract favors the interpretation of
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Assessment question
In this case, seller LDT
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satisfy the terms of the contract by delivering both older stewing and younger broiling chickens to Freight.
Assessment question
A court in this case likely
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find that LDT did not breach the contract when it delivered both older stewing and younger broiling chickens to Freight. As a result,
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would likely win the case.
Assessment question
What If the Facts Were Different?
What if the written contract between Freight and LDT stated that LDT was obligated to deliver chicken broilers and chicken fryers instead of simply chicken
In this case, seller LDT
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satisfy the terms of the contract by delivering both older stewing and younger broiling and frying chickens to Freight. A court
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need to use extrinsic evidence in order to interpret the term chicken in the contract between Freight and LDT because the meaning of the word chicken in this contract would be
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As a result,
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would then win the case.
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