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B Law Unit 2 Ch 12

TermDefinition
scienter Knowledge by a misrepresenting party that material facts have been falsely represented or omitted with an intent to deceive.
statute of frauds A state statute that requires certain types of contracts to be in writing to be enforceable.
collateral promise A secondary promise to a primary transaction, such as a promise made by one person to pay the debts of another if the latter fails to perform. Normally must be in writing to be enforceable.
prenuptial agreement An agreement made before marriage that defines each partner’s ownership rights in the other partner’s property. Prenuptial agreements must be in writing to be enforceable.
parol evidence rule A rule of contracts under which a court will not receive into evidence prior or contemporaneous oral statements and agreements that contradict the terms of the parties’ written contract.
integrated contract A written contract that constitutes the final expression of the parties’ agreement. Evidence extraneous to the contract that contradicts or alters the meaning of the contract in any way is inadmissible.
Created by: leighg2011