1. Organize the Required Parts and Forms of a Contract

2. Breach of Contract
Wrongful failure to perform one or more promises of a contract.

3. Writing must identify:
Date
Parties
Price
Intent of parties
Place
Subject Matter
Terms
Signature of both parties

4. Contradictory/Ambiguous Terms
Handwritten terms prevails over typed terms
Handwritten numbers prevails over figures
Ambiguous Clauses
Can be interpreted two different ways
Court favors the one who didn’t draft the contract

5. Statute of Frauds? Requires that certain contracts must be in writing
Relates to executory contracts

6. Must be in Writing: Contracts to pay debts of others
Contracts to pay debts of deceased persons
Contracts requiring more than a year to perform
Contracts to sell real property
(Exception: Equitable Estoppel – must rely on promise.)
Contracts for sale of goods over $500
Prenuptial contract (contemplation of marriage)

7. Parole Evidence Rule
Courts assure ALL terms are written into the agreement.

8. Changing the Writing Read entire document
If you don’t agree with something, then cross it out and both parties initial it
Write in promises
Refuse to sign if you don’t agree contract