Multistate Bar Examination Practice Question

A tenant and a landlord execute a written lease agreement stipulating that the tenant will pay $1,500 per month for rent and that the lease term begins on January 1 and ends on December 31. Prior to signing the lease, the landlord orally promised to provide the tenant with a parking spot at no additional cost as part of the agreement. After moving in, the tenant discovers that no parking spot was made available, and the landlord denies ever making the oral promise. The tenant sues the landlord, claiming breach of the oral promise. The landlord argues that the written lease is treated as the final expression of their agreement.

Under the parol evidence rule, how should the court handle the tenant's claim regarding the parking spot?

  • The court will admit the tenant’s evidence if it supplements, and does not contradict, the written agreement.

  • The court will admit the tenant’s evidence if the lease lacks terms about parking, indicating the agreement is incomplete.

  • The court will exclude the tenant’s evidence if the written agreement does not permit additional oral promises.

  • The court will exclude the tenant’s evidence because the written lease is treated as the final expression of the agreement, barring additional terms.

Multistate Bar Examination
Contracts
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