S. Schane, Ling 87

Written Assignment – Frigaliment case

Read the case of Frigaliment Importing v. International Sales. Then write answers to the following questions.

1. In every civil court case there is a "plaintiff" (the one bringing suit) and the "defendant" (the one being sued). This case involves a seller and a buyer. Which is the "plaintiff" and which is the "defendant"?

2. The case begins with Judge Friendly (that really his name!) stating: "The issue is, what is a chicken?"

a) Why has this become an issue in this particular case?

b) Why is this issue so important for the buyer of the chickens?

3. In a good comprehensive dictionary look up the various meanings of "chicken" and list them.

4. What kind of "ambiguity" (lexical, syntactic, or phonological) does this case illustrate?

5. Judge Friendly stated that the issue is "what is a chicken," and he must answer that question in order to determine whether the plaintiff or the defendant prevails. However, the legal issue is quite different. The legal issue is concerned with the particular law that enables the plaintiff to bring suit in court. What then is the legal issue here?

6. Judge Friendly is unable to reach a decision by uniquely examining the wording of the contract. When that happens the judge will then permit the contesting parties to present additional evidence and even to bring in witnesses to testify in regard to the interpretation of the disputed wording of a contract. In the law this outside evidence is called extrinsic evidence or parol evidence. In the following chart you will find listed the various kinds of extrinsic evidence that was presented. Indicate whether the particular evidence was offered by the plaintiff, the defendant, or both of them.

a) Because the 1 ½ - 2 lbs. birds were young, then the 2 ½ - 3 lbs. birds must also be young.

b) The German word "Huhn" refers to all kinds of chickens; unlike the English word, which is more restricted.

c) Trade usage—i.e. how the term "chicken" is understood by those in the chicken business.

d) Reference to the Department of Agriculture's classification and grading of poultry.

e) The fact that 1 ½ - 2 lbs. birds were not available at the agreed-upon price

f) Past conduct in regard to the acceptance of an earlier shipment

7. Who wins this dispute (plaintiff or defendant), and why? Explain.