Ch.18: Contracts in Writing – Flashcards

- A common exception occurs when oral evidence serves to clear up an ambiguous part of an agreement. - Thus, oral evidence introduced after a contract is signed is legally accepted if it clarifies some point in the written agreement. - A few examples of exceptions to the parolevidence rule are: incomplete contracts, contracts that contain typographical errors, and voidable contracts. - In these cases, a court may rule that oral evidence is admissible.

1.Although the PER applies to writings created at the same time as the written agreement, these writings tend to be treated differently than prior or contemporaneous oral agreements. 2. The writings are more readily admitted as part of the written agreement than is oral evidence regarding conditions or terms in the final agreement. 3. As long as contemporaneous written documents do not substantially contradict what is in the final writing, judges can use their discretion to deem these other writings part of that agreement. 4. Consequently, the PER does not usually exclude extrinsic written evidence,

specifies that certain kind of agreements must be in writing to be enforced - while there is some variation in its interpretation, most states agree on the main principle of the statue

1. Obvious on the face of the document 2. Allow outside evidence to explain ambiguity

1. Not obvious 2. Allow evidence to demonstrate ambiguity exist 3. If i demonstrate ambiguity. Then will allow additional evidence to explain ambiguity

it only specifies that certain contracts must be in writing to be enforceable

once a contract has been completed, it cannot be canceled merely because it was not in writing

1. Agreements by an executor or administrator to pay the debts of a deceased person. 2. Agreements to answer for the debts of another. 3. Agreements that cannot be completed in less than one year. 4 .Agreements made in contemplation of marriage. 5. Agreements to sell any interest in real property. 6. Agreements to sell personal property for $500 or more.

A personal representative named in a will to handle matters involving the estate of the deceased person.

A personal representative named by the court to perform as the executor would in instances in which the deceased person has not left a will. - Either an executor or an administrator has legal authority to arrange for the distribution of the assets of a deceased person, and pay debts of the deceased.

The Statue of Frauds requires that such a promise must be in writing to be enforceable

a promise, to pay the debts or settle the wrongdoings of another if he or she does not make settlement personally is not enforceable unless it is written ex: Joe, the president of Landscape Products, Inc., orally promised to pay the corporation's debts from his own resources in an effort to calm several persistent creditors. Under the Statute of Frauds, Joe's promise is not enforceable because it is not in writing.

An oral promise to pay the debts of another is enforceable in some states, however, if the promise is not dependent on the inability or unwillingness of the other party to pay them.

- A contract that cannot be completed within one year must be in writing - If the life of the contract is indefinite and there is a possibility of its being completed within a year, it need not be in writing

An exchange of promise made by persons planning to marry. - enforceable only if it is reduced to origin before the marriage takes place - this law applies to agreements by the parties to accept additional obligations not ordinarily included in the marriage contract

courts decide custody issues.