Exam 10: Writing and Interpretation

A) The parol evidence rule does not affect the interpretation of express terms already in a contract.
B) Implied terms usually result from long-established customs.
C) When parties deal expressly with a matter in a contract,a court is not precluded from finding an implied term on the same matter.
D) The parol evidence rule does not exclude evidence of an oral agreement that the parties may each after they have entered into the written agreement.
E) The courts will admit evidence of an oral understanding about a condition precedent even when the written contract specifies that the rights of the parties are governed exclusively by the written contract.

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A) requires that contracts with minors be in writing.
B) prevents contracts with minors.
C) renders unenforceable certain types of contracts unless they are in writing.
D) is an English law that does not apply in Canada.
E) renders unenforceable contracts with minors.

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A) the written agreement does not contain the whole agreement.
B) the written agreement is unambiguous.
C) the missing term is part of a subsequent oral agreement.
D) the missing term is part of a collateral agreement.
E) the missing term is a condition precedent to the written agreement.

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A) An oral contract that is for an indefinite period,but could be performed within a year,is not prohibited by the Statute.
B) An oral contract that is to be performed over a period of one year,commencing the day after the formation of the contract,is not prohibited by the Statute.
C) An oral contract that is to be performed over a period of one year,but commences two days after the conclusion of the contract,is prohibited by the Statute.
D) An oral contract that provides for a specific period for performance of more than a year,but also confers a power of determination that may be exercised within the year,is prohibited by the Statute.
E) all of the above

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A) The parol evidence rule does not affect the interpretation of express words already in a contract.
B) The parol evidence rule does not prevent evidence of oral contracts entered into after the written contract.
C) The parol evidence rule permits evidence of oral contracts entered into after the parties entered the written contract.
D) The parol evidence rule excludes evidence of oral contracts entered into after the parties entered into a written contract.
E) The parol evidence rule excludes terms that were discussed before entering into a contract but were not included in the contract.

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A) evidence of the building inspection would be admissible because it is a collateral agreement,the consideration for which is the agreement of purchase and sale.
B) evidence of the building inspection would not be admissible because,since this is an agreement for land,the Statute of Frauds applies to bar evidence of the building inspection.
C) evidence of the building inspection cannot be given because of the parol evidence rule.
D) evidence of the building inspection would be admissible because it is a subsequent agreement.
E) evidence of the building inspection would be admissible because it is a condition precedent to the agreement of purchase and sale.

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A) whether or not C gives his approval is not relevant to the main contract between A and B.
B) C's approval is a condition precedent that must be met before there is a contract between A and B
C) the parol evidence rule applies to exclude the condition of C's approval.
D) C's approval would be a warrantee used to overcome the parol evidence rule.
E) A cannot rely on C's approval as a condition to the contract with B,because C is not a party to the contract.

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A) the court will find that the inducement of the quality of paint was a collateral contract that formed the consideration for the main contract to repair and repaint A's pier.
B) the court will find that B Company's inducement of the quality of the paint was a mere invitation to treat and nothing more.
C) the court will be unable to get around the parol evidence rule and A will lose her or his law suit.
D) the court will find that A should have ensured that the inducement of the quality of the paint was put into the written contract.
E) the court will find that B Company's assurances about the quality of the paint is a condition precedent to the contract.

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A) a term that the court will ask the jury to consider implying in the contract.
B) a term that the promisor intended to include in the contract.
C) an express term that is removed from the contract.
D) a term that the parties advise the court can be implied into the contract.
E) a term that is not included in the contract but which the parties,as reasonable persons,would have included had they thought about it.

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A) Both parties must sign the contract.
B) The essential elements of the contract must be in writing.
C) The defendant must sign the contract.
D) The contract must be under seal.
E) Both A and D are not true.

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