Unformatted text preview: ory Estoppel
Special Exceptions under the UCC Sufficiency of the Writing
Sufficiency Under the Statue of Frauds: Must identify subject matter, consideration, other essential terms, and must be signed by the party against whom enforcement is sought. Under the UCC: Need only name the quantity term and be signed by the party to be charged. Parol Evidence Rule
Parol Oral representations or promises made prior to the contract’s formation or at the time the contract was created, may not be admitted in court.
Integrated Contracts Exceptions to the
Parol Evidence Rule
Parol Contracts subsequently modified Voidable or Void contracts Contracts containing ambiguous terms Prior dealing, course of performance, or usage of trade
Contracts subject to orally agreedon conditions
Contracts with an obvious or gross clerical error that clearly would not represent the agreement of the parties Review Problem 1
Mallory promises a local hardware store that she will pay for a lawn mower that her brother is purchasing on credit if the brother fails to pay the debt. Must this promise be in writing to be en...
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- Fall '08
- Contract Law, Parol evidence rule