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B is corrent. The statute of limitations requires the plaintiff to file a lawsuit within a specified period of time after the cause of action accrues (e.g., breach). A plaintiff who fails to file suit within the period of the statute of limitations loses the right to recover on the claim. The time limit related to contract disputes varies by state. Common provisions are 5 years after breach of an oral contract and 10 years after breach of a written contract. Clearly, the statute of limitations would likely bar Dart’s recovery, due to 35 years passing since the contract was formed.
A is incorrect. Graco’s alleged misrepresentations need not be part of the written contract to constitute a potential breach of contract for misrepresentation.
C is incorrect. Dart’s use of the building for 35 years has effectively validated the original contract, despite the fact that Graco did not sign the agreement.
D is incorrect. One exception to the parol evidence rule allows admissibility of oral proof to show invalidity of the contract between parties (e.g., fraud, forgery, duress, mistake, failure of consideration).