Flashcards in Page 20 Deck (18):
What is an agreement made in consideration of marriage?
Promise to give money or property in exchange for marriage, or for a third-party to give something
Must a contract made in consideration of marriage be in writing?
Yes, According to the SOF
Contacts in consideration of marriage must be in writing, but that doesn't apply to what?
Mutual promises to marry or promises made in contemplation of marriage
According to the SOF, every agreement or undertaking made in consideration of marriage, except the mutual promise to marry, is void unless what?
It is in writing and signed by the party to be charged
Contracts made in consideration of marriage also include what but don't include what?
- include marriage settlement contracts and prenuptial agreements with financial provisions
- doesn't include mutual promises between prospective spouses to marry
If your mom tells you she will give you $10,000 as a wedding present if you marry John, is that enforceable?
Not unless it is in writing
Under the SOF what must a record state?
Be in writing, identify both parties, subject matter, essential terms, signature of party to be charged
If a contract just has a vague description of the parties, what can be done?
Extrinsic evidence can be admitted to clarify
What are some things that can be considered a writing?
Receipt, telegram, corporate minutes, check, suicide note, will, etc.
What are some things that are considered signatures?
Initials, firm logos, letterhead, imprinted signature, signed by an agent, etc.
What does it mean that there has to be a signature?
Any symbol used by a party with present intention to authenticate a writing
If there are several records but not all are signed or attached to each other, but the document refers to the same subject matter as the signed one, what can be done to prove SOF?
Extrinsic evidence can be used to show the connection and assent of the party
If A UCC contract doesn't properly state the quantity term, recovery is limited to what?
The amount stated unless the court reforms the record
If a UCC record is in error about any term besides the quantity, what can be done?
Extrinsic evidence is allowed to correct it
What are the exceptions to the SOF rule that suretyship contracts must be in writing?
- promise to debtor
- promisor is the primary obligor
- main purpose rule
What is the exception to suretyship contracts having to be in writing entitled promise to debtor?
If promise is made directly to the debtor (that you will pay their obligation) it is enforceable even if oral
Why doesn't a writing apply when a promisor is the primary obligor in a suretyship contract?
Because the promisor agrees to be primarily liable for the other's obligation and SOF (suretyship) only applies when you are secondarily liable