Chapter 16 - The Writing Requirement in Our Digital World

Question 1

Collateral Promise

Answer 1

A secondary promise that is ancillary (subsidiary) to a principal transaction or primary contractual relationship, such as a promise made by one person to pay the debts of another if the latter fails to perform. Normally must be inn writing to be enforceable.

Question 2

Integrated Contract

Answer 2

A written contract that constitutes the final expression of the parties’ agreement. Evidence that is extraneous to the contract that contradicts or alters the meaning of the contract in any way is inadmissible.

Question 3

Parol Evidence Rule

Answer 3

A substantive rule of contracts under which a court will not receive into evidence the parties’ prior negotiations, prior agreements, or contemporaneous oral agreements if that evidence contradicts or varies the terms of the parties’ written contract.

Question 4

Prenuptial Agreement

Answer 4

An agreement made before marriage that defines each partner’s ownership rights in the other partner’s property. Must be in writing to be enforceable.

Question 5

Statute of Frauds

Answer 5

A state statute under which certain types of contracts must be in writing to be enforceable.