Exam 13: Defenses to Contract Enforceability

Fact Pattern 13-1 Odell and Paula sign a contract for the sale of Odell's Pizza Parlor to Paula. The parties intend their written contract to be a final statement of most, but not all, of the terms of their agreement Odell must first buy the building from Quin, after which Odell and Paula will negotiate a final price. -Refer to Fact Pattern 13-1.The writing that Odell and Paula signed is a contract that is

Normally, a contract will be set aside because certain pertinent information was not volunteered.

All states require certain types of contracts to be in writing.

Misrepresentation cannot occur by silence.

In a bike shop, Barrie, who is not knowledgeable about bikes, overhears Cullen say, "This bike could win any race!" Barrie buys the bike, but does not win any races with it. Cullen's statement is

Written evidence or an electronic record of a contract for a sale of goods priced at $500 or more is required by the Uniform Commercial Code.

Air Flo, Inc., and Banyan Grove Apartments enter into an oral contract in which Air Flo agrees to provide air-conditioning and heating maintenance for Banyan Grove's facilities for two years. This contract is enforceable by​

Even when a naïve purchaser relies on an opinion from an expert, the innocent party is not entitled to rescission or reformation of a contract.

ActioNOW and Becca enter into an oral contract in which Becca agrees to work on a project for ActioNOW's Living Opportunities Center for eighteen months. This con­tract is enforceable by​

Raylene, who is Seth's guardian, convinces him to buy a certain parcel of land from Trevor at a greatly inflated price. Raylene may be liable for

Sharon agrees to assume a debt owed by Tom's Guitars Inc. to United Funds Bank. The agreement is not in writing. To be enforceable under the "main purpose" rule, the promise must be for the benefit of​

Fact Pattern 13-1 Odell and Paula sign a contract for the sale of Odell's Pizza Parlor to Paula. The parties intend their written contract to be a final statement of most, but not all, of the terms of their agreement Odell must first buy the building from Quin, after which Odell and Paula will negotiate a final price. -Refer to Fact Pattern 13-1.Paula later disputes some of the provisions of the deal with Odell. If the dispute results in litigation, a court will most likely admit evidence of additional terms that are​