Exam 14: Written Contracts

An oral contract that should be in writing to be enforceable under the Statute of Frauds may be enforceable if it has been partially performed.

An oral contract may be enforceable if there is no way to avoid injustice except to enforce the promise.

Rough Canyon Adventures, Inc., and Swampcraft Inc. enter into an oral contract for Swampcraft's sale to Rough of five rafts for $2,000 each. Before Rough takes possession of the rafts, this contract is enforceable by

An agreement subject to the Statute of Frauds must be written on paper.

The form of an agreement is the manner observed in creating it, as opposed to the substance of the agreement.

Fact Pattern 14-2 Charlie and Dill sign a written contract for the sale of Dill's BBQ Food Truck to Charlie. The parties intend their written contract to be a final statement of the terms of their agreement. Refer to Fact Pattern 14 - 2. Later, Dill disputes some of the provisions in the deal with Charlie. If the dispute results in litigation, a court will most likely exclude evidence that

All collateral promises must be in writing to be enforceable.

Prenuptial agreements made in consideration of marriage need not be in writing to be enforceable.

Gusher Irrigation Inc. and Heartland Farms enter into a contract for a sale of irrigation equipment for $50,000. To be enforceable, the contract should be in writing and identify

Sales contracts for goods priced at $500 or more must be in writing to be enforceable.

Fact Pattern 14-2 Charlie and Dill sign a written contract for the sale of Dill's BBQ Food Truck to Charlie. The parties intend their written contract to be a final statement of the terms of their agreement. Refer to Fact Pattern 14 - 2. The writing that Charlie and Dill signed is

Fact Pattern 14-3 Alain and Brie sign a contract for the sale of Alain's Patisserie to Brie. The parties intend their written contract to be a final statement of most, but not all, of the terms of their agreement-Alain must first buy the building from Commercial Properties, Inc., after which Alain and Brie will agree on a price. Refer to Fact Pattern 14-3. The writing that Alain and Brie signed is