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6 Cards in this Set
- Front
- Back
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Adhesion contracts |
one party has superior bargaining power |
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Unconscionability as a result of these two |
1. standard form contracts- fine-print provisions shift a risk normally borne by on e party to another 2. take it or leave it adhesion contract; buyer has no choice but to agree to terms if buyer is to procure certain goods or services |
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Collateral promise |
assumed by third party to assume debts or obligations of primary party in case contract doesn't perform |
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parol evidence rule |
court finds that a written contract represents the complete and final statement of the parties agreement, it won't allow either party to present parol evidence 9 a testimony or other evidence of communcations within parties) |
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Integrated contract |
If not completely integrated, it contains only some of the terms that the parties agreed on |
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Business contracts that must be in writing to be enforceable (5) |
1. Contracts involving land (exc. admissions, promissory estoppel) 3. collateral or secondary contracts (exc. main purpose rule, admissions, promissory estoppel) 4. Promises made in the consideration of marriage 5. Contracts for sale of $500 or mroe (exc. customized goods, admissions (quantity), partial performance, merchants confirmed in writing) |
