Question

Colin and Natalie orally agreed with Medical Center X for an in vitro fertilization procedure that would not result in the birth of an autistic child. They later signed a written contract stating that the medical center could not promise an absence of physical or mental defects and assumed no responsibility for such defects. The child conceived had autism. Which of the following is the most likely result of the parents' suit for breach of the oral agreement if the court follows the decision in Scalisi et al. v. New York University Medical Center discussed in the text?a. The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts conditioned on orally agreed upon terms
b. The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving evidence of prior dealings or usage of trade
c. The medical center will prevail based upon the written contract
d. The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts that are not final as they are part written and part oral
e. The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete

Answer 1

Answer:

c. The medical center will prevail based upon the written contract

Explanation:

Since they later signed a written contract where it is stated in paper and has their signature that the medical center could not assure nor take any responsibilities for the birth of a kid without any medical, mental or physical defects the medical center has the upperhand on the court, as well as they did in Scalisi et al. v. New York University Medical Center that promised a perfect designed baby, the Scalsi decided for invitro fertilization because of the wife´s family medical history and tendency to autism, and they ended up with a baby with autism, so they sue the New York University Medical center, but the court sided with the NYUMC because of the written contract where it stated that they couldn´t assure the baby to be born without any medica, mental or physical defects.