Exam 9: Enforceability

Travis and Brooke offer to buy a house from Michael and Tara because they love the location, the size, and the decorations. Michael and Tara accept the offer and reduce it to a writing that states Travis and Brooke will pay $100,000.00 to Michael and Tara for their house at 123 East 4th Street, Tulsa, OK. When Travis and Brooke move into the house, they are furious because Michael and Tara took all of their furniture and decorations with them, and Travis and Brooke loved the house so much primarily because of the furniture and decorations. Travis said they talked about this a lot with Michael and Tara during the sale. Which statement below is correct according to the parol evidence rule?

Meghan has some very embarrassing pictures of Kalieh. Meghan tells Kalieh that she will post the pictures all over various social media accounts unless Kalieh agrees to sell Meghan an antique wedding ring for $500.00. Out of fear that Meghan will indeed publish the pictures, Kalieh agrees to sell the ring for $500.00. Kalieh will be able to claim the defense of

When a contract is entered into that is so grossly unfair that it shocks the conscience it is called

Fraudulent misrepresentation requires

Standardized, preprinted contracts are called

Josh sells t-shirts at an amusement park. When selling t-shirts, he often tells people that the shirts are the softest shirts ever created. If he did not truly believe that and it was a lie, would this be an example of misrepresentation?

Once a valid contract is formed, courts will enforce that contract no matter what.

Courts routinely render a contract unenforceable due to unconscionability.

Copeland Breeders sells a Redbone Coonhound puppy to the Hightower family. In anticipation for the day that the family gets to pick up the puppy they purchased, the breeder sent pictures via text of, "your pup!" The pictures show the same puppy in each one of a completely red haired pup with a solid black nose. When the Hightower family shows up to pick up their purchased pup, they all immediately notice the dog that the Breeder is giving them is not the same as the puppy in the many pictures because this puppy has a solid red nose and a white tail. When they ask for their puppy, the breeder said he never guaranteed a specific puppy and that the puppy in the pictures was already given to another family. The breeder states that the writing only states that he would sell them one puppy for $500.00. Will the court allow the use of the pictures and texts in contract interpretation?

Custom Candy Creations, a candy shop, has on its sign "The Finest Candy in the World." This is an example of

The interpretation rule stating that any writing by the partiesintended to be the final expression of their agreement may not be contradicted by any oral or written agreements made prior to the writing is called the

The knowing and voluntary and mutual approval of the terms of the contract by each party required for a contract to be enforceable is

In the business environment, explain why consent defects may affect the enforceability of a contract?

If a term in a contract is ambiguous and unclear, when interpreting the term the court will generally construe the terms

Under the statute of frauds, the one year rule states

Without genuiness of assent

Shawn is selling her house. During an open house, she enters into a conversation with a prospective buyer, Ned, who keeps stating that he cannot believe that Shawn is selling this house with absolutely no termite damage for the price she is asking. Shawn has actual knowledge that the house is infested with termites but does not correct Ned at any time. Is this a lie?

Which of the following is not an example of when a contract must be in writing according to the statute of frauds?

Ralph threatens to fire Shirley if she reports incidents of sexual harassment she has faced on the job from a co-worker. She agrees to not report so long as Ralph does not fire her. Shirley could avoid this contract on the basis of duress.

A fact is material if