Question
34.Statute of Frauds Why must a contract that obviously cannot be completed within one year be in writing? 35.A Question of Ethics A person dies
"34.Statute of Frauds Why must a contract that obviously cannot be completed within one year be in writing? "35.A Question of Ethics A person dies without leaving a will. The administrator of the estate refuses to pay the deceased's debts on the grounds that there is no written evidence of the obligation. Comment on the ethics of this situation."
"36.Statute of Frauds Coursey orally agreed to sell three acres of land to Oulette for $8,000. After Oulette had paid the $8,000 and the transfer had been officially recorded, Coursey received an offer of $9,000 for the land from another prospective buyer. Hoping to set aside the first transaction so that he could accept the second, page 195higher, offer, Coursey attempted to cancel the sale to Oulette on the grounds that the Statute of Frauds required a written contract.
a.Does the fact that there is evidence (the recording of the sale) indicate Coursey's agreement to the terms of the sale? a._______
b.Will Coursey succeed in canceling the contract of sale? b._______
c.Is the contract enforceable?"
"38.Parol Evidence Rule Safran, the owner of an automobile repair shop, placed an order for an engine diagnostic machine from the Mountain Range Equipment Company. The salesperson, Rubinstein, orally assured Safran that a number of test programs for both gasoline and diesel engines would be included as part of the order. When the machine was delivered, the test programs were not included. When the buyer protested, Rubinstein claimed that Safran was mistaken and must have been thinking about another special offer the firm was running.
a.Are the oral promises Rubinstein made that supplement the written contract of sale enforceable? a._______
b.Is it likely that Safran will gain legal satisfaction? b._______
c.Does the parol evidence rule allow introduction of oral revisions to a contract?"
39."Statute of Frauds Anderson was seriously injured in a traffic accident. Anderson's daughter called a doctor, Lawrence, and told him to "give my father the best care you can give him, and I'll pay whatever you charge." The doctor provided the care, but the father died before the bill was paid. Lawrence attempted to collect for his services from the father's estate. The executor of the estate refused to pay. Lawrence then attempted to collect from the daughter who had guaranteed payment. Is the daughter legally responsible for the debts of her father if the agreement was not in writing? [Lawrence v. Anderson, 184 A. 689 (Vermont)] page 196
Principle of Law:
Decision: "
"40.Parol Evidence Rule Dennison agreed to purchase land from Harden with the understanding that the land contained fruit trees. To prove that there were fruit trees on the property, Harden provided nursery reports stating that Pacific Gold peach trees were growing on the land. When Dennison discovered that the land contained valueless, shrubby trees and only a few of the fruit trees he had been expecting, he sued, charging breach of contract. At the trial, Dennison wanted to introduce the nursery reports as parol evidence to clarify the meaning of the "fruit trees" referred to in the contract. Harden resisted having the nursery report introduced to clarify the contract. Was Dennison successful in his attempt to clarify the contract by adding the terms "fruit trees," or did Dennison get what he agreed to buy? [Dennison v. Harden, 186 P.2d 908 (Washington)] Principle of Law:
Decision: "
"44.Using Technology Using the Internet and search engines, investigate the parol evidence rule and the Statute of Frauds in two states. Compare and contrast the rules in the two states."
45. Please Discuss How the Statute of Frauds came about in early England and when it came into being in the U.S. After Review discuss if improvements and changes in scope and dollar sums used should be implemented
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