CHM 111 Lecture Notes - Lecture 4: Toyota Electronic Modulated Suspension, Parol Evidence Rule, Undue Influence
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Contracts: desires > common sense, was there an agreement, what was the agreement, what are the remedies? (what happens if ?) Verbal contracts (oral promises) are enforceable in many but not all cases. Statute of fraud: (contracts prevent fraud: some things require a written contract like: Contracts that cannot be carried out in less than a year. Pre-nuptials: general rule and applicable k subjects, american ucc = the sale of goods law (uniform commercial code, partial performance and reliance/estoppel issues (promissory estoppel???) If a promise is made without consideration, then it doesn"t count. Evidence (facts) vs. law: reality or questions of proof and burden (must be proven ____ beyond reasonable doubt, theory or what"s right fair, a few components part to the questions: Clarity tells the court the subject of the agreement, who"s paying who what, etc. (essential) Contract formation: got agreement: formation moment at which parties are of one mind on the deal.