Ch. 12: Drafting Simple Contracts and Proving Their Terms in Court

Question 1

ambiguity

Answer 1

contract provision with multiple interpretations

Question 2

authentication

Answer 2

process of proving the genuineness of a contract in court

Question 3

best evidence rule

Answer 3

rule stating that the best evidence of a written agreement is the original of that agreement

Question 4

business record exception

Answer 4

exception to hearsay doctrine whereby a document kept in the regular course of business, authenticated by the person responsible for maintaining the document may be admitted into evidence

Question 5

hearsay

Answer 5

an out-of-court statement used to prove the truth of the matters asserted therein

Question 6

latent ambiguity

Answer 6

ambiguity that can only be proven by extrinsic evidence

Question 7

mutual mistake

Answer 7

misconception of the subject matter of a contract by both parties; makes the contract unenforceable

Question 8

patent ambiguity

Answer 8

contractual term that is ambiguous on the face of the contract

Question 9

stipulation

Answer 9

agreement of the parties

Question 10

unilateral mistake

Answer 10

misconception of the subject matter of a contract by only one party to the contract; may be enforceable

Question 11

voir dire

Answer 11

process used to challenge the authentication of a document proffered into evidence