What constitutes a writing contract must be signed by

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contract, it does not matter whether it was in writing or not. What constitutes a writing Contract must be signed by the defendant, and It must state with reasonable certainty The name of each party Subject matter of the agreement All of essential terms and promises Why oh Why does the defendant have to sign the contract, and it is not
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necessary for the plaintiff ? Statute of Frauds Many agreements are unenforceable, unless it, or some memorandum of it, is in writing and signed. What are the six (6) types of contracts that have to be in writing? 1. For any interest in land 2. That cannot be performed within one year 3. Pay the debt of another 4. Promise made by an executor of an estate 5. Made in consideration of marriage 6. For the sale of good over $500 Once a contract is fully executed, it makes no difference that it was unwritten Nobody owes an obligation A little song to help you remember! Agreement for interest in land Contract for interest in land must be in writing to be enforceable Exception Full performance by the seller Part performance by the buyer If she paid part of the price and either entered the land or made improvement on the land Promise made by and Executor of an estate Executor’s promise to use her own funds to pay a debt of the deceased must be in writing to be enforceable Sale of goods Sale of goods worth $500 or more is not enforceable unless there is writing Proposed to raise the min to $5000 and get rid of one-year rule What are E Contracts?
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PAROLE EVIDENCE Parol evidence 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 IT IS NOT ALLOWED! When two parties make an integrated (COMPLETE) contract, neither one may use parol evidence to contradict, vary, or add to its terms
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  • Fall '14
  • JosiahShowalter

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