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What is the difference between trying to introduce into evidence conversations between the parties prior to a contract being signed and conversations entered into after
- What is the difference between trying to introduce into evidence conversations between the parties prior to a contract being signed and conversations entered into after the contract was signed? In both cases the conversations would show that the terms that were discussed are different than the terms in the written contract.
- Franklin, a hobby-shop supplier, and Gordon, a hobby-shop owner, entered into a contract that provided that Franklin would sell Gordon fifty World War II battleship models at Franklin's cost of $250 each, plus a reasonable profit. They couldn't agree on what a reasonable profit would be. Gordon brought suit to enforce the contract against Franklin, who refused to deliver the models. Franklin claimed that there was no contract because of indefiniteness. Is Franklin correct?
- You are a real estate agent, representing the seller, and a prospective buyer tells you she will buy the house but that her husband is out of town on business an will be returning in a week. She tells you that she has been sending him pictures of the house and he loves it and has also agreed to buy the house. She asks you to tell the seller to stop showing the house to anyone else. There are a number of witnesses who heard her say this to you. Do you tell the seller to stop trying to sell? Why or why not?
- If a contract was found to be ambiguous would you rather be the person who wrote the contract or the person who received the contract?
- A contract has printed terms and handwritten terms that conflict with each other. Which terms should govern? Why?
- What is the difference and significance of being an (a) intended beneficiary of a contract and (b) an incidental beneficiary of a contract?
- Under what circumstances can the rights and obligations of a contract be assigned without the other party's consent? When must the other party consent before the assignment can be made?
- If a party delegates their duties under a contract, do they still have any liability with respect to the contract? If so, what is their liability? If not, why not?
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