Written Contracts

Question 1

Landmark case: The Lesse of Richardson v. Campbell

Answer 1

• tenant rented land from Richardson
• Campbell claimed he property was really his
• Unless the tenant could prove Richardson owned the land he would have no right to stay there
• Richardsons tenant offered a deed
• Campbell provided receipts as evidence that he had bought the property
• was oral evidence about the ownership of land admissible in court?
• this evidence was refused by the court
• plaintiff supported his title by a patent
• the defendants receipts were produced several years prior to the plaintiffs patent

Question 2

The statute of fraud

Answer 2

a plaintiff may not enforce any of the following agreements unless the agreement or some memorandum of it is in writing and signed by the defendant

Question 3

What agreements can a plaintiff not enforce unless the agreement or part of it is in writing and signed by the defendant?

Answer 3

• for any interest in land
• that can not be performed in one year
• to pay the debt of another
• made by executor of an estate
• made in consideration of marriage
• fir the state of goods worth $500 or more

Question 4

Agreements for an interest in land

Answer 4

a contract for the sale of any interest must be in writing to be enforceable

Question 5

exception to agreement for an interest in land: full performance by the seller

Answer 5

if the seller completely performs their side of a contract for an interest in land a court is likely to enforce the agreement even if it was oral

Question 6

exception to agreement for an interest in land: part performance by the buyer

Answer 6

the buyer of the land may be able to enforce an oral contract if they paid part of the purchase price and either entered upon the land or made improvements

Question 7

Agreements that cannot be performed within one year

Answer 7

• unenforceable unless in writing

- begins on date of agreement

Question 8

Promise to pay debt of another: collateral promise

Answer 8

when one person agrees to pay for the debt of another as a favor to that debtor

Question 9

Exception to collateral promise: the leading object rule

Answer 9

when the promisor guarantees to pay the debt of another and the leading object of the promise is to the promisor himself, then the contract will be enforceable even if unwritten

Question 10

Promise made by an executor of an estate

Answer 10

• concerning the debt of another person
• an executor is the person who is in charge of an estate after someone dies
• pay debts of deceased, obtain money owed to him, disburse the assets according to the will
• statute of frauds comes into play when an executor promises to pay an estates debts with their own funds(must be in writing to be enforceable)

Question 11

Promise made in consideration of marriage

Answer 11

must be in writing to be enforceable

Question 12

What the writing must contain

Answer 12

• must be signed by the defendant
• must state with reasonable certainty the name of each party, the subject matter of the agreement, and all of the essential terms and promises

Question 13

parole evidence

Answer 13

refers to anything (apart from the written contract itself) that was said, done, or written BEFORE the parties signed the agreement or AS THEY signed it

Question 14

integrated contract

Answer 14

a writing that the parties intend as the final, complete expression of their agreement

Question 15

parole evidence rule

Answer 15

when two parties make an integrated contract, neither one may use parole evidence to contradict, vary, or add to its terms

Question 16

exception to parole evidence rule: an incomplete or ambiguous contract

Answer 16

if a court determines that a written contract is incomplete or ambiguous it will permit parole evidence

Question 17

fraud, misrepresentation, or duress

Answer 17

a court will permit parole evidence of fraud, misrepresentation, or duress