1. Written Contracts

2. Legally certain contracts must be in writing Legally certain contracts must be in writing Contract is evidence of agreement Contract is evidence of agreement Legal Contract Legal Contract Letter Letter Sales slip Sales slip Invoice Invoice E-Mail E-Mail Text Text Words on a Check Words on a Check

3. Contracts that Must be Written Pay debts of others: cosigning for a loan/debt Pay debts of others: cosigning for a loan/debt Pay debts of deceased: involves terms of a will. The estate pays debts Pay debts of deceased: involves terms of a will. The estate pays debts Most contracts taking more than 1 year to perform Most contracts taking more than 1 year to perform

4. More Contracts that Must be Written Contracts in Consideration of Marriage: if involves an exchange of a third person’s property or to care for a relative or adopted child, the contract must be in writing Contracts in Consideration of Marriage: if involves an exchange of a third person’s property or to care for a relative or adopted child, the contract must be in writing Sale of real estate: land/building Sale of real estate: land/building Exception: Equitable Estoppel Exception: Equitable Estoppel One party has not acted fairly. Falsely representing or concealing facts One party has not acted fairly. Falsely representing or concealing facts Most Sale of Goods of $500 or more Most Sale of Goods of $500 or more

5. Contradictory Terms If handwritten terms contradict printed text the handwriting will prevail If handwritten terms contradict printed text the handwriting will prevail On checks the written amount prevails over the numeric amount On checks the written amount prevails over the numeric amount

6. Ambiguous Clauses Ambiguous: having different meanings/interpretations Ambiguous: having different meanings/interpretations Court will usually favor the party who did not write the contract Court will usually favor the party who did not write the contract

7. Parole Evidence Rule The written contract contains all the terms intended by the parties entering into the contract The written contract contains all the terms intended by the parties entering into the contract Oral statements made before signing a written contract cannot be presented in court Oral statements made before signing a written contract cannot be presented in court

8. Before You Sign a Contract Read and Understand Everything! Read and Understand Everything! If you don’t understand something or don’t agree, don’t sign or cross it out and other party must initial it If you don’t understand something or don’t agree, don’t sign or cross it out and other party must initial it If contract doesn’t contain all that was promised then write it in or have new contract written If contract doesn’t contain all that was promised then write it in or have new contract written