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Form of The Agreement: Chapter Outcomes

12-1 Many oral contracts are legally binding without being written down. 12-2 The Statute of Frauds requires certain types of contracts to be in writing, such as contracts that cannot be performed within one year. It aims to prove or disprove alleged oral contracts. 12-3 The parol evidence rule does not allow oral statements to contradict or modify written contracts, with some exceptions. The best evidence rule requires original documents in court rather than copies.

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52 views

Form of The Agreement: Chapter Outcomes

12-1 Many oral contracts are legally binding without being written down. 12-2 The Statute of Frauds requires certain types of contracts to be in writing, such as contracts that cannot be performed within one year. It aims to prove or disprove alleged oral contracts. 12-3 The parol evidence rule does not allow oral statements to contradict or modify written contracts, with some exceptions. The best evidence rule requires original documents in court rather than copies.

Uploaded by

Thalia Sanders
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Chapter 12 FORM OF THE

AGREEMENT

Chapter Outcomes:

1. Identify the types of agreements that must


be in writing.

2. List the essential information that should


be included in a written memorandum.

3. Explain the parol evidence rule.


Chapter 12 FORM OF THE
AGREEMENT

Chapter Outcomes (continued):


4. Compare the best evidence rule with the
equal dignities rule.

5. Illustrate various methods of writing a


signature.

6. Discuss the use of witnesses,


acknowledgments, the seal, and recordings.
12-1
Oral Contracts

Oral contracts are contracts based


upon implied or express statements
that are not supported by writing.
12-2

The Statute of Frauds

• Contracts that must be in Writing


• Definition of a Writing
Chapter 12

LawLINKS
Is an e-mail signature acceptable? Be sure
to read the article Contracts by Computer
at
http://www.dci.com/news/1998/jul/23law.
htm
12-1 & 2
Topic Quiz
Answer the following true/false questions:

1. All contracts must be in writing.

FALSE

There are six specific kinds that must


be in writing.
12-1 & 2
Topic Quiz
Answer the following true/false questions:

2. The Statute of Frauds is the law that


states the different kinds of fraud.

FALSE

It proves or disproves oral


contracts.
12-1 & 2
Topic Quiz
Answer the following true/false questions:

3. A promise to marry someone


may be oral.

TRUE
12-3

Special Rules for Written


Contracts
• The Parol Evidence Rule
• The Best Evidence Rule
• The Equal Dignities Rule
12-1
A Question of Ethics
In Example 12-12, Slaughter’s
supervisor orally told Slaughter that
he had become a full-time employee
and that his temporary six-month
contract would run for three years. At
the end of the original six-month
contract, Slaughter was dismissed.
Slaughter’s dismissal was legal. Was
it ethical? Explain your response.
12-3
Topic Quiz
Answer the following true/false questions:
1. Evidence of oral statements made
before signing a written agreement is
never admissible in court to change or
to contradict the terms of a written
agreement.
FALSE

It is admissible.
12-3
Topic Quiz
Answer the following true/false questions:

2. There are no exceptions to the parol


evidence rule.
FALSE

There are exceptions.


12-3
Topic Quiz
Answer the following true/false questions:

3. The courts accept into evidence only the


original of a writing, not a copy.

TRUE
12-4

Formalities of Construction
• Signatures
• Witnesses and Acknowledgments
• Seal
• Recording
Chapter 12

LawLINKS
Determine whether your state already
has or is considering digital or electronic
signature legislation by visiting
http://www.magnet.state.ma.us/itd/legal/
sigleg7.html
12-4
Topic Quiz
Answer the following true/false questions:

1. Written agreements must be signed by


both parties.

FALSE

Should be signed by both.


12-4
Topic Quiz
Answer the following true/false questions:

2. A facsimile signature will be


acceptable on a contract if the
contract states that facsimile
signatures are valid. TRUE
12-4
Topic Quiz
Answer the following true/false questions:

3. Witnesses are required for all written


contracts.

FALSE

For wills and sometimes deeds; others are


optional.
SUMMARY
12-1 Many contracts do not have to be in writing to
be enforceable.

12-2 The kinds of contracts that must be in written


form are found in the Statute of Frauds.

12-3 The parol evidence rule does not allow the use
of oral evidence to change, delete, or add to
the terms of a written contract.

12-4 Certain formalities are usually followed in the


formation of many written agreements.
Chapter 12
Key Terms
acknowledgment equal dignities rule
administrator authenticate
equitable estoppel best evidence rule
condition precedent executor
guaranty of payment memorandum
parol evidence rule part performance
Statute of Frauds
Uniform Facsimile Signature of Public Officials Act
Chapter12

Investigating on the Internet


Check the current status of Article 2B of the
Uniform Commercial Code by going to
http://www.law.upenn.edu/library/ulc/ucc2b
/2bstate.html
Write a summary of your findings.
End of Presentation

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