Final answer:
A court might consider a pre-lease fax as evidence if the written lease is ambiguous and does not constitute the entire agreement between the parties, depending on the jurisdiction's parol evidence rule and exceptions to that rule.
Step-by-step explanation:
When considering whether a court can take into account a fax sent prior to the execution of a written lease, it is important to understand the principles of contract law, specifically the parol evidence rule. This rule generally prohibits the introduction of evidence outside the contents of a written contract to add to, vary, or contradict the contract's terms, once it has been concluded. However, there are exceptions to this rule, such as if there is evidence of clerical error, the contract is incomplete, or the parties did not intend the written document to constitute the entire agreement, among other things.
In Kim's situation, if her claim pertains to the specific type of ballroom she believed she was leasing, and the written lease does not expressly contradict this but is ambiguous or silent on the matter, the court may consider the fax as evidence of the parties' intentions before they entered into the formal lease agreement. Ultimately, whether a court will consider the fax depends on the jurisdiction's application of the parol evidence rule and any relevant exceptions that might apply.