Exam 10: Defenses to Contract Enforceability

An element of fraud is the plaintiff's age,which must be less than twenty-one years.

Misrepresentation of a material fact cannot occur through silence.

Fact Pattern 10-1 Gert contracts to sell two tracts of land to Hank.Both parties believe that the two tracts are adjacent,but in fact they are not.Gert is still willing to sell the land,but under these circumstances the deal would adversely affect Hank. -Refer to Fact Pattern 10-1.The parties' belief about the adjacency of the property is

Cody and Debora enter into an oral contract under which Cody agrees to work on Debora's ranch for not less than ten days.This contract is enforce?able by

To rescind a contract is to cancel it.

By fraudulently misrepresenting a number of material facts,Sid induces Ty to enter into a contract for the sale of a warehouse.Sid also tells Ty that his commission is 6 percent,but their signed,written contract states "12 percent." In a dispute between Sid and Ty over this contract,the court may apply the parol evidence rule,which governs

Lacy uses undue influence to induce Mina to sign a contract to invest her National Education Fund student loan money in Overseas Bank.Mina may

Theo and Uma orally agree on the sale of Theo's Fitness Center to Uma and note the terms on a sheet of the center's letterhead stationery,which only Theo signs.This agreement is most likely enforceable against

In a transaction for the sale of a warehouse,Saf-T Storage Company tells Tri-County Investment Corporation that the office furniture is in?cluded.The contract says nothing about office furniture,but does state,"This document supersedes all oral promises relating to the sale." Is the furniture part of the sale? Why or why not?

Under the Statute of Frauds,all contracts must be in writ?ing to be enforceable.

A contract must be in writing to be enforceable if the contract makes per?formance within one year possible.

Safron threatens physical harm to force Tivoli to sell his business,Umbrellas Unlimited,Inc. ,to Safron for a below-market price.This is

A contract entered into under undue influence is unavoidable.

Oral evidence of the meaning of a contract with incomplete terms can be introduced at a trial.

Parol evidence includes oral evidence that is outside a written contract and not incor?po?rated into the contract expressly or by reference.

To be enforceable,a contract for a sale of goods priced at $50 or more must be in writing.

Gina induces Hu to enter into a contract for the purchase of a condominium about which Gina knowingly misrepresents a number of material features.When Hu discovers the truth,Hu can

Fact Pattern 10-1 Gert contracts to sell two tracts of land to Hank.Both parties believe that the two tracts are adjacent,but in fact they are not.Gert is still willing to sell the land,but under these circumstances the deal would adversely affect Hank. -Refer to Fact Pattern 10-1.Because of the parties' belief about the adjacency of the property,their contract is

Fact Pattern 10-2 Moore Properties,Inc. ,offers in writing to sell to New Development Corporation (NDC)a certain half-acre of land for "$112,000." After New Development signs the offer in acceptance and returns it,Moore discovers that the price should have been stated as "$121,000." -Refer to Fact Pattern 10-2.Moore's misstatement of the price is

Uri and Vicky orally agree on the sale of Uri's Nite Club to Vicky and note terms on a pair of the Club's napkins,which they both sign.A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain