Issues
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Sierra (P) needed improved bookkeeping. Burroughs (D) was right down the street from P. P contacted D and D’s salesperson determined P’s needs. P was totally unfamiliar with computers etc. P was relying solely on D to give the correct advice and equipment. In signing the agreements P was relying on D. Each of the equipment agreements contained the following clause (the integration clause): 'This Agreement constitutes the entire agreement, understanding, and representations, express or implied between the Customer and Burroughs with respect to the equipment and/or related services to be furnished and this Agreement supersedes all prior communications between the parties including all oral and written proposals.'
Holding & Decision
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Legal Analysis
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