Question

1. Heavyweight boxers Mike Tyson and Evander Holyfield met in 1997 in Las Vegas for a championship match. During the third round of the fight, a desperate Tyson bit off a piece of Holyfield's ear. The fight continued until moments later when Tyson bit Holyfield's other ear. Tyson was disqualified. Some fans were so outraged that they sued Tyson and the fight promoters seeking a refund. They sued on the basis of, among other theories, a claim to being third-party beneficiaries to various contracts into which the defendants had entered. The fans:

a. Can recover as third party intended beneficiaries.

b. Can recover as third party done beneficiaries.

c. Cannot recover as they are merely incidental beneficiaries with no rights in the contracts to which Tyson was a party.

d. Can recover as third party creditor beneficiaries.

2. Tony Stark entered into a complete and final written lease agreement for a luxury apartment. The lease specified in bold, “NO PETS.” At the time the parties signed the agreement, Tony pleaded with the landlord to allow him to keep Hulk, his marvelous bulldog. The landlord promised orally that keeping the dog would not be a problem. Tony’s friends can attest to the fact that the landlord made this oral promise, but now the landlord wants to terminate the lease agreement. The lease provides for early termination with a penalty provision if pets are found on the premises. Which of the following statements is TRUE?

a. Evidence cannot be admitted to show that there was a prior or contemporaneous oral agreement that was inconsistent with the terms of the written contract, so the written agreement stands, and Hulk must go--even if that makes him angry.

b. The Statute of Frauds does not require leases to be in writing, so the oral agreement is not in violation of either the Statute of Frauds or the Parole Evidence Rule. Since the oral agreement is valid, Hulk stays, which will make the landlord green with envy.

c. The written contract was modified orally when it was executed so the oral agreement is binding. Hulks stays.

d. The oral agreeme

Answer 1

1)

c. Cannot recover as they are merely incidental beneficiaries with no rights in the contracts to which Tyson was a party.

2) a. Evidence cannot be admitted to show that there was a prior or contemporaneous oral agreement that was inconsistent with the terms of the written contract, so the written agreement stands, and Hulk must go--even if that makes him angry.

Statute of Frauds requires the sale and lease deeds of real estate to be in writing. Further, Parole Evidence rule prevents introduction of any prior or contemporaneous oral evidence which is in contradiction of a written agreement. Therefore, the oral evidence cannot be admitted.