Question

This is a legal question

A and B negotiated a written contract for the sale from A to B of computer software. The sale included some instruction time. While signing the agreement, A and B orally agreed that the agreement will not go into effect unless B can obtain 80% financing of the purchase price. After it is signed, A promised to add some additional disks to the agreement without charge. A failure to provide the additional disks and B sues A for breach. What results and why? Discuss the admissibility of the oral agreement and the promise for the additional disks.

Answer 1

In the eyes of the law, evidence is the most important factor to determine the outcomes for a case. In this place the actual contract is in writing and the last promise of additional disk was only oral. In order to make it legal, either B should have recorded what A told or should have had a witness when A promised the additional disks. In the absence of both, the court cannot determine whether B is telling the truth or cooks a story in order to get more. The additional disks again how many in numbers? Of what nature? Etc. will be under question, besides it was only free of charge and of the written contract. So, just oral agreement will not serve as the proof in the court.