Question

3.Sammy entered into an oral contract with Macaulay to purchase goods in the amount of $900. Sammy paid the $900 to Macaulay, but Macaulay refused to deliver the goods. Sammy sued Macaulay, but as in his defense. Macaulay relied upon the statute of frauds. What is Sammy’s best argument to win the cause?

a. parol evidence rule

b. partial payment

c. res ipsa loqutur

d. that macaulay is a merchant

8. an exculpatory clause that proects a person from liability for fraud is:

a. valud but uneforeable

b. voidable but must be in writing

c. againts public policy

d. valid if both parties agree

27. Section 2-302 of the UCCA (VA code $8.2-302) provides that if a court finds a contract, or any clause of a contract, is unconscionable , the court:

a. will enforce the contract because of strong public policy to enforce voluntary agreements between private parties

b. will enforce the contract and allow the injured party to sue for damages.

c. will not enforce the contract because the parties assumed the risk by agreeing to the contract.

d. may either refuse to enforce the contract, or enforce the reminder of the contract without the unconscionable clause, or modify the

Answer 1

3. a. parol evidence rule

In case of Oral contracts as there is no written formal document hence this rule can ensure if there is any contract that was formed orally by analyzing various situations and witnesses and this role needs to be used in this case as the contract was basically oral.

8. b. voidable but must be in writing

Exculpatory clause is a written contract provision that allows an individual or a party to get rid of the liability it may be charged of. In such cases the document should be printed and documented.

27. d. may either refuse to enforce the contract, or enforce the reminder of the contract without the unconscionable clause, or modify the

Under this section if any of the clause is supposed to be unconscionable then the ocurt may or may not enforce the contract and if they do enforce then they will remove the unconscionable clause.