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Essay Question [25 Points] The Los Angeles Philharmonic Association and Herbie H

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Essay Question [25 Points] The Los Angeles Philharmonic Association and Herbie Hancock (the famous jazz composer and pianist) enter into a written agreement whereby Herbie Hancock agrees to give a jazz concert where he will perform several of his most well known compositions at the Hollywood Bowl during the July 4th holiday from 8:00 P.M. until 10:30 P.M. The price to be paid to Herbie Hancock is $100,000.00. The Los Angeles Philharmonic Association agrees to provide all marketing services for this concert, including posters, magazine ads and radio spots. Assume that prior to the execution of this written contract (which does not contain a merger clause) that the manager of the Los Angeles Philharmonic Association and Herbie Hancock discussed, and then agreed on, the songs to be performed on July 4th (including Cantaloupe Island, Maiden Voyage and Rockit, among others). However, the written contract did not specifically reference this agreed-to set of songs. Could evidence of this prior oral agreement “come into” the written contract and, if so, why? 7

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