Chapter 15. Flashcards
(8 cards)
Statute of frauds
State statute that requires certain types of contracts to be in writing to be enforceable
Statute or frauds requirements
Contracts for interest of land Contracts over a year Collateral contracts Contracts in consideration to marriage Contracts for sale of goods $500+
Collateral promise
Secondary promise; to pay debts of another if the latter fails to perform
Prenuptial agreement
Agreement made before marriage that define each partner’s ownership rights in the other partner’s property
Promissory estoppel
Oral contract that would otherwise be unenforceable under the statute of frauds
Patio evidence rule
Testimony or other evidence of communications between the parties that is not contained in the contract itself.
Not accepted by courts
Exceptions to Parol evidence rule
Contracts subsequently modified
Voidable or void contracts
Contracts with ambiguous terms
Incomplete contracts
Prior dealing, course of performance, or usage of trade
Contracts subject to an orally agreed on condition
Integrated contract
Written contract that constitutes the final expression of the parties agreement.