ECON-101 Lecture Notes - Lecture 8: Puffery, Digital Evidence, Unconscionability
2 Apr 2016
School
Department
Course
Professor
Document Summary
Not all agreements are contracts, so an important piece is to intend to be bound. General rule: presumption that parties intended to be bound. Rebutting (exception): this test is would a reasonable bystander believe the parties intended to be bound. The court will not presume intention if (must provide proof of intention): Puffery claims by business obvious exaggerations will not be enforce. Car dealer: we make the best deals in town , court will apply the reasonable bystander test. Contracts do not have to be in writing, but it does make it easier. Creates permanent record of what the parties" agreement was. Easier to prove the terms in court greater certainty. Causes parties to reflect" on what they are agreeing to. Less chance for misunderstandings between the parties as to the terms. Types of contracts that have to be in writing: a contract that will not be performed or completed within one year, contracts involving land, guarantees and indemnities ex.
