In consultation - Case Study Example

The negotiating parties may discuss the consequences of the contract in detail before signing the final written contract. But these verbally discussed things will be legally valid only if it is included in the final written agreement. “The parol evidence rule applies to integrated contracts and provides that when parties put their agreement in writing, all prior and contemporaneous oral or written agreements merge in the writing” (Parol Evidence). In future, both the parties can deny the verbal offers made before the agreement if it is not included in the final written agreement.

In the given case, Air phone Mobile service representative verbally assured Marvin that his company would take responsibility if any of its customers became sick from its phones. At the same time he refused to delete the clause included in the written agreement which states clearly that Air phone has no liability out of the sickness caused by its mobile phone use. In short, the parol evidence and written agreement are not contradictory in clauses and in future disputes the court will consider only the written agreement.

FDA recommends the usage of hands free while using cell phones (West). In order to protect his employees, Marvin can ask them to use hands free along with the mobiles. Hands free allow the mobile users to keep the mobile phones in a distance from the body while making or receiving calls. Mobile phones cause health problems only when it comes closer to the body while in operation. Radiations from the mobile phones will be hyperactive when it is in use and hands free can prevent such radiations from striking our body.

Marvin can also ask his employees to use text messages more frequently whenever possible. Text messages can prevent the employees from keeping the phone near to the head. Such messages can cause little damages to the employees. He can also advice his employees to bring the phone near to the ear only after the person at the other