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CHAPTER 10 Legal Purpose and Proper Form
4/16/2017 CHAPTER 10 Legal Purpose and Proper Form 10-1 Illegal Agreements 10-2 The Statute of Frauds
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10-1 Illegal Agreements GOALS
Identify various forms of illegal agreements Distinguish agreements that, although illegal, the courts will enforce Chapter 10
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FOCUS Identify types of contracts that society, through its courts of law, should not enforce even though all the essential elements for an enforceable contract are present. Chapter 10
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WHICH AGREEMENTS ARE ILLEGAL?
Illegal lotteries Agreements to pay usurious interest Agreements involving illegal discrimination Agreements that obstruct legal procedures Agreements made without a required competency license Agreements that affect marriage negatively Chapter 10
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WHICH AGREEMENTS ARE ILLEGAL?
(continued) Agreements that restrain trade unreasonably Price fixing Resale price maintenance Allocation of markets Agreements not to compete Chapter 10
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Name four of the eight illegal agreements discussed in this section.
Chapter 10
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WHEN WILL THE COURTS ENFORCE ILLEGAL AGREEMENTS?
Protected victims The excusably ignorant Rescission prior to illegal act Divisible contracts Chapter 10
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Under what circumstances will the courts enforce illegal agreements?
Chapter 10
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10-2 The Statute of Frauds GOALS
Explain why the Statute of Frauds is necessary and what it requires Identify the main instances when the Statute of Frauds requires a writing Understand the rules of contract interpretation Chapter 10
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FOCUS Must all contracts be in writing? Chapter 10
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WHY HAVE A STATUTE OF FRAUDS?
Contracts within the Statute of Frauds Executed contracts Executory contracts Requirements of the writing Statute of Frauds requirements UCC requirements Special rules for signatures Chapter 10
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Name the six essential elements in a writing required by the most demanding Statutes of Frauds standards. Chapter 10
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TYPES OF CONTRACTS WITHIN THE STATUTE OF FRAUDS
Contract for the sale of goods for $500 or more Contract to sell an interest in real property Contracts that require more than one year to complete Chapter 10
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TYPES OF CONTRACTS WITHIN THE STATUTE OF FRAUDS
(continued) Contract to pay a debt or answer for another’s debt Exception—main purpose rule Contract for which the consideration is marriage Chapter 10
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Name the five types of executory contracts that require a writing.
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HOW ARE CONTRACTS INTERPRETED?
Integration clause Specific rules of interpretation Analysis Conflicting terms Words Authors of ambiguity Implied reasonableness Parol evidence rule Exception to the parol evidence rule Chapter 10
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Explain the parol evidence rule.
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