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Law 206   Ch. 7 - Contract Provisions
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Law 206 Ch. 7 - Contract Provisions

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  • 1. Chapter 7 CONTRACT PROVISIONSIn this chapter you will: Distinguish between a covenant and a condition List the most generally encountered contractual rules of construction Apply general contract rules of construction to analysis of contract provisions List the types of contracts that are governed by the Statute of Frauds Define an antenuptial agreement Categorize conditions by when they create or extinguish a contractual duty Categorize conditions by the method whereby they have been created Define a condition subsequent, precedent and concurrent Explain the parol evidence rule Analyze contractual clauses to determine the parties rights and obligations
  • 2. The Statute of FraudsThe statute of frauds required that, to be enforceable, the following six types of contracts had to be in writing: Contracts for an interest in real estate Contracts in consideration of marriage Contracts that are not to be performed within one year Guarantees Contracts for the sale of goods valued over a specified amount Executor’s promises to pay a decedent’s debts
  • 3. CovenantAn unconditional, absolute promise to perform.
  • 4. ConditionsSpecific promise made by the parties to the contract.
  • 5. Categories of Conditions Conditions categorized by when they create, or extinguish, the duty to perform the covenant  Conditions precedent  Conditions subsequent  Conditions concurrent Conditions categorized by how the parties have arrived at them  Express conditions  Implied-in-fact conditions  Implied-in-law conditions
  • 6. Rules of Construction Guidelines that the courts use to interpret all contractual provisions  Lengthy communications are viewed as a whole, and any inconsistent words are discarded  Contracts are to be interpreted according to business custom and usage  Words are to be construed according to their ordinary meaning  If there is an inconsistency with words that are printed, typed, or handwritten, handwriting prevails over typing, and typing prevails over mechanical printing
  • 7. Parol Evidence RuleOral testimony may not be used to vary the terms of a writing