Blaw 6 - Writing Requirement

lcarter's version from 2016-05-05 22:29

Section 1

Question Answer
Contracts that fall under statue of fraudsLand; Can't be performed within a year; collateral; Prmoises in consideration of marriage; Sale of goods priced $500 or more
Contracts involving sale of landNot enforcable unless written or witnessed
One-Year RuleContracts that can't be performed within a year must be written
Collateral PromiseContract made by third party to assume debts or obligations of a primary party; Must be in writing
Prenuptial agreementsAgreement made before marriage regarding property

Exceptions to the Statue of Frauds

Question Answer
Partial PerformanceCourts grant for partial performance of land transfers
AdmissionsIf party admits in court that an oral contract was made, it will be enforced
Promissory EstoppelOral contracts that otherwise would not be enforced will be under promissory estoppel

Sufficiency of the writing

Question Answer
Parol Evidence RuleIf there is a written contract that both sides acknowledge, the courts will not allow parol evidence
Integrated ContractThe final contract, so that parol evidence rule can take place

Parol Evidence Rule Exceptions

Question Answer
Contracts Subsequently ModifiedMay be introduced in court
Voidable or void contractsTo avoid fraud to be enforced
Contracts containing ambiguous termsEvidence is admissible to clarify meanings
Incomplete contractsCourt allows evidence to fill in the gaps
Prior dealingShowing of prior dealings can influence context of contract
Contracts with obvious errorEvidence admissible to correct error

Section 2

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