1. Parol Evidence Rule
Even though the parol evidence rule prohibits any oral amendments to a contract, try to envision circumstances when this rule might be unreasonable.
2. Statute if Frauds
Under the Statue of Frauds, an oral promise to take on the debts of another is enforceable in some states. Can you think of any other activities that might be legally acceptable despite the fact that they are not in writing?
3. Personal Property
A buyer places a deposit on an item valued at more than $500 but later wishes to cancel the order. Arguing that there is no written contract, could the buyer expect a refund of the deposit?
4. Statue of frauds
Why must a contract that obviously cannot be completed within one year be in writing?
5. A question of Ethics
A person dies without leaving a will. The administrator of the estate refuses to pay the deceased’s debts on the grounds that there is no written evidence of the obligation. Comment on the ethics of this situation.
B.
1. Third-party beneficiary
Do you think a third-party beneficiary should be required to sign a contract as one of the parties involved?
2. Should an incidental beneficiary to a contract have any legal recourse if the contract is terminated?
3. Under what circumstances could the duties under a personal-service contract be delegated?
4. What are some advantages of using a novation over a contract assignment?
5. Under the law, a bankrupt person is allowed to retain certain property- including his or her residence. I s it ethical for a bankrupt person to use the law to avoid payment on his or her legitimate debts and still retain some, often valuable, property?
