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Please use bullet points if appropriate. For example, if a question asks for three things, use this format to answer -

Question #1

Jonah and Aaron are in litigation over whether they have a contract between them.

What three basic questions will provide the basis as to whether they did have an enforceable contract?

Why do you think these questions are important in determining whether they have an enforceable contract?

Question #2

Josh and Rachel are entering into a contract. They don't know whether it needs to be in writing.

List the six types of contracts that need to be in writing. Give enough detail for each that someone who is not taking this course would know what you are talking about.

Do you think it is important to have these contracts in writing? Why? What if both parties are honest and honorable people? Would it still be important?

Question #3

Sarah is accusing David of fraud in connection with a contract between the two.

What three elements must Sarah prove?

If true, what three remedies are available to her?

If not true, what three defenses can David raise?

Why are the defenses important in determining whether there is fraud?

CH 12 - Performance of a Contract pp. 220-241
CH 13 - Practical Contracts pp. 242-260

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