Business Law Ch 18

Card Set Information

Business Law Ch 18
2013-07-16 23:16:51
Business Law 18

Business Law Ch 18
Show Answers:

  1. admission
    A statement made in court, under oath, or at some stage during a legal proceeding, in which a party against whom charges have been brought admits that an oral contract existed, even though the contract was required to be in writing.
  2. condition precedent
    In a contract, an event that must occur in order for a party’s duty to arise.
  3. equal dignity rule
    A rule requiring that contracts that would normally fall under the statute of frauds and need a writing if negotiated by the principal must be in writing even if negotiated by an agent.
  4. integrated contracts
    A written contract intended to be the complete and final representation of the parties’ agreement.
  5. merger clause
    A clause in a written agreement within the statute of frauds which states that the written agreement accurately reflects the final, complete version of the agreement.
  6. parol evidence rule
    A common law rule which states that oral evidence of an agreement made prior to or contemporaneously with a written agreement is inadmissible when the parties intend to have the written agreement be the complete and final version of their agreement.
  7. partial performance
    An exception to the statute of frauds in which the performance of portions of an unwritten agreement by one or both parties can constitute proof that an oral contract exists between the parties.
  8. prenuptial agreement
    An agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party’s property. To be enforceable, it must be in writing.
  9. promissory estoppel
    The legal enforcement of an otherwise unenforceable contract due to a party’s detrimental reliance on the contract.
  10. statute of frauds
    State-level legislation that addresses the enforceability of contracts that fail to meet the requirements set forth in the statute; serves to protect promisors from poorly considered oral contracts by requiring that certain contracts be in writing.