Reference no: EM132188819

Fernando enters into negotiations with John to deliver machines that John needs to produce goods. During the negotiations, John tells Fernando he needs the machines by a date certain because he has signed contracts with other stores to deliver goods to them one week after Fernando’s machines arrive. (It only takes a day to produce the goods needed for each store). A contract is signed, and Fernando inexplicably misses the deadline to deliver the machinesFernando says he had no idea that John had other contracts which called for the goods to be delivered by a date so close to the delivery date for the machines, thus he’s not liable for damages from those contract breaches. He thinks John is foolish for putting the deadlines so close together. John says Fernando is a liar and that he did know John needed the machines by a certain date. He says the delivery date being so close to the date they signed their contract proves Fernando knew what John’s plans were. Fernando says that’s ridiculous. John has negotiations notes to prove Fernando knew John needed the machines so he could meet his deadlines with the stores. Can John get those notes into evidence when they did not make it into the final agreement? If so, how?