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Fundamentals of Business Law Today: Summarized Cases
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Chapter 22 / Exercise 1
Fundamentals of Business Law Today: Summarized Cases
Miller
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BUS-206 Business Law I 4-1 Discussion – Designer Baby Designer Baby (Scalisi vs. NY Univ. Medical Center, p. 429) 1. Why was the basis of the parent’s argument that they were not bound by the written contract in the Scalisi et al. v. New York University Medical Center case? 2. How did the court rule and what was the reasoning for that decision? 3. Do you agree or disagree? Why or why not? 4.Have you ever entered into an oral contract? My PostHi Class,The basis for the Scalisi’s (the parent’s) argument was that prior to signing the written contract with NY Univ. Medical Center, they entered into an oral contract. The Scalisi’s argued they were not bound by the executed written contract, due to a breach of oral contract on the part of NY Univ. Medical Center. The Scalisi’s claim in the oral contract made with them, they were assured that by impregnating Mrs. Scalisi instead of a surrogate, their child would not be free of autism. Which was a huge concern for the Scalisi’sbecause Mrs. Scalisi has a family history of autism. In this case, the court ruled to dismiss the Scalisi’s claim of a breach of contract, the Scalisi’s failed to prove any compensatory damages that are required for a breach of contract claim. The court states further that redundant where a case sounds in medical malpractice, a breach of contract is legally terminated, unless the plaintiff can prove the defendant specifically promised to effect a cure or a definite result, the Scalisi’s did not prove that to be true. The court also reasons that they do not take into consideration any possible prior oral contracts that alters or contradicts the written agreement, per the parole evidence rule. The parole evidence rule makes inadmissible any oral contracts or evidence
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Fundamentals of Business Law Today: Summarized Cases
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Chapter 22 / Exercise 1
Fundamentals of Business Law Today: Summarized Cases
Miller
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