Question
Polly and Wilma enter into a written contract. Wilma later sues Polly for breaking a verbal promise that Wilma alleges is part of their deal.
Polly and Wilma enter into a written contract.
Wilma later sues Polly for breaking a verbal promise that Wilma alleges is part of their deal.
Polly's verbal promise isnotincluded in the terms of the written contract.
At trial, Wilma attempts to introduce evidence about the verbal promise and Polly's attorney objects to the admission of the evidence on the ground that it violates the parol evidence rule.
A court would refuse to admit evidence about Polly's verbal promise if: ___ .
the verbal promise was madeafterthe written contract was signed
the verbal promise was madebeforethe written contract was signed and contradicts a term of the written contract
the evidence about the verbal promise is being offered to prove that Wilma entered into the contract as a result of Polly's fraud
If the parties used a form contract or the contract is partly printed and partly written, the printed terms control the written termsifthe two conflict.
True
False
If a verbal contract has been declared unenforceable by the court, but one party has rendered some performance under the contract that conferred benefits on the other party, the one partycan recover the reasonable value of the performance in: ___ .
parol evidence
collateral enforcement
quasi-contract
When interpreting ambiguities in a contract, the ambiguity is interpreted against the party that drafted the agreement.
- True
- False
TheParolEvidence Rulesupports enforcing verbal agreements to written contracts to evidence the intent of the parties.
- True
- False
Tessa and Minerva have a verbal contract for the sale of 200 textbooks at $50 each.
- Tessa delivers the books and Minerva accepts them.
- Who can raise a Statute of Frauds defense?
- Tessa, because Minerva still has to pay for the goods.
- Minerva, because Tessa hasnoproof Minerva ordered the goods.
- Neither, because thepartial performance exceptionapplies.
In aguaranty contract, the guarantor's promise must be evidenced by a writing to be enforceable.
- True
- False
When interpreting contracts, courts: ___ .
- When interpreting contracts, courtsgive ordinary words their usual meaning.
- When interpreting contracts, courtsgive ambiguous words the meaning presented by party who drafted the contract.
- When interpreting contracts, courtsgive technical words an ordinary meaning.
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