Question

The lease says nothing about sleeping arrangements. Kim claims that before signing the lease, the manager promised to "throw in the bridal suite for free." Can Kim get this promise into evidence? What if the written lease also said: "This contract is limited to the terms herein" [a "merger clause"]?

Answer 1

Kim may face challenges in introducing evidence of a verbal promise regarding sleeping arrangements into a lease dispute if the written agreement includes a merger clause stating that the contract is limited to the terms herein, which generally means only the written provisions are enforceable.

Step-by-step explanation:

The question explores the issue of whether Kim can introduce evidence of a verbal promise into a dispute over a written lease agreement. When a lease or any contract includes a merger clause, this clause typically indicates that the written contract represents the complete and final agreement between the parties, superseding any prior negotiations, promises, or representations not included in the written document. Therefore, if the lease contains a merger clause stating that the contract is limited to the terms herein, it would usually mean that the promise of a free bridal suite, if not included in the written terms, would not be enforceable and evidence of the promise may not be admitted in court. However, there are exceptions where such evidence might be considered, such as demonstrating fraud or misrepresentation, but these are very specific legal arguments that require substantive proof beyond the mere assertion of a forgotten verbal promise.