CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS

Learning Objectives: Statute of Frauds Exceptions to the Statute of Frauds  Common Law Exceptions  Code Exceptions Parol Evidence Rule Construction and Interpretation of Contracts Chapter 182 CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS

1.Approach: Certain contracts have to be in writing to be enforceable. Chapter 183 STATUTE OF FRAUDS

1.Approach: Certain contracts have to be in writing to be enforceable. 2.Which types of contracts have to be in writing to be enforceable? Chapter 184 STATUTE OF FRAUDS

a.Guaranty Contracts i.Applies to Secondary Contracts ONLY ii.Determining the main purpose Chapter 185 Contracts That Need To Be in Writing

a.Guaranty Contracts b.Contracts Involving Interests in Land i.Types: I.Entire interest II.Easements III.Leases (for more than one year) ii.Exception: Part Performance Chapter 186 Contracts That Need To Be in Writing

a.Guaranty Contracts b.Contracts Involving Interests in Land c.Contracts That Cannot be Performed Within One Year Chapter 187 Contracts That Need To Be in Writing

a.Guaranty Contracts b.Contracts Involving Interests in Land c.Contracts That Cannot be Performed Within One Year d.Contracts for the Sale of Goods (Code) Chapter 188 Contracts That Need To Be in Writing

a.Guaranty Contracts b.Contracts Involving Interests in Land c.Contracts That Cannot be Performed Within One Year d.Contracts for the Sale of Goods (Code) e.Contracts for the Sale of Personal Property Other Than Goods (Code) Chapter 189 Contracts That Need To Be in Writing

1.Approach: Certain contracts have to be in writing to be enforceable. 2.Which types of contracts have to be in writing to be enforceable? 3.Writing Required to Satisfy the Statute of Frauds Chapter 1810 STATUTE OF FRAUDS

a.Under Common Law i.Who? ii.Kind of Writing? b.Under Code Provisions i.Who? ii.Kind of Writing? Chapter 1811 Writing To Satisfy the Statute of Frauds

1.Common Law Exceptions a.Part Performance b.Promissory Estoppel 2.Code Exceptions a.Written Confirmation Between Merchants b.Specially Manufactured Goods c.Judicial Admissions d.Part Performance Chapter 1812 EXCEPTIONS TO THE STATUTE OF FRAUDS

1.Theory: Oral and written information that is prior to or contemporaneous with the formation of a written contract is excluded. 2.Exceptions 3.Importance Reduced in the Code Chapter 1813 PAROLE EVIDENCE RULE

1.Unambiguous Language 2.Ambiguous Language a.Ordinary meaning b.Contract as a whole c.Construed against drafting party Chapter 1814 CONSTRUCTION AND INTERPRETATION OF CONTRACTS

CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS