Author Question: If a contract is divisible so that the legal parts can be performed separately from the illegal ... (Read 41 times)

casperchen82

  • Hero Member
  • *****
  • Posts: 540
If a contract is divisible so that the legal parts can be performed separately from the illegal parts, then the legal parts of the contract are:
 A) enforceable.
 B) void.
 C) unconscionable.
 D)quasi-contractual in nature.

Question 2

Jones and Clark entered into a written contract for the purchase of an apartment building by Clark. The contract was carefully drafted to set forth the agreement of the parties. It was signed by both parties. Clark subsequently claimed that the contract did not cover all the terms included in the written and oral agreements that the parties had made during their prior negotiations. Jones claimed that the parol evidence rule barred proof of all of their prior agreements. Which claim would be upheld in court?



jlaineee

  • Sr. Member
  • ****
  • Posts: 380
Answer to Question 1

A

Answer to Question 2

Judgment would be for Jones. The parol evidence rule applies to both oral and written agreements or other statements made prior to the execution of the written contract. It provides that such agreements may not be admitted to modify or contradict the terms of a written contract that is complete on its face. The contract was carefully drafted in an attempt to set forth the agreement between Jones and Clark and appeared to cover all of the essential terms of the transaction. Thus, the contract is complete on its face, and the parol evidence rule bars proof of all prior agreements, both written and oral.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

Drug abusers experience the following scenario: The pleasure given by their drug (or drugs) of choice is so strong that it is difficult to eradicate even after years of staying away from the substances involved. Certain triggers may cause a drug abuser to relapse. Research shows that long-term drug abuse results in significant changes in brain function that persist long after an individual stops using drugs. It is most important to realize that the same is true of not just illegal substances but alcohol and tobacco as well.

Did you know?

Pink eye is a term that refers to conjunctivitis, which is inflammation of the thin, clear membrane (conjunctiva) over the white part of the eye (sclera). It may be triggered by a virus, bacteria, or foreign body in the eye. Antibiotic eye drops alleviate bacterial conjunctivitis, and antihistamine allergy pills or eye drops help control allergic conjunctivitis symptoms.

Did you know?

Approximately 500,000 babies are born each year in the United States to teenage mothers.

Did you know?

Cancer has been around as long as humankind, but only in the second half of the twentieth century did the number of cancer cases explode.

Did you know?

Elderly adults are at greatest risk of stroke and myocardial infarction and have the most to gain from prophylaxis. Patients ages 60 to 80 years with blood pressures above 160/90 mm Hg should benefit from antihypertensive treatment.

For a complete list of videos, visit our video library