Modification Vs Formation Confusion
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
22427_christian-musician · CONTRACTS · Choice AYes, because a modification of a service contract may be by oral agreement.
Why it's attractive
The oral agreement was made BEFORE the writing was signed. A modification requires an existing contract. Visible timing defect.
Why it's wrong
The oral agreement was made BEFORE the writing was signed. A modification requires an existing contract. Visible timing defect.
22427_christian-musician · CONTRACTS · Choice BNo, because Barnabas is estopped from denying the validity of the written agreement.
Why it's attractive
Barnabas is denying the contract was ever formed, not asserting its validity and then contradicting it. The estoppel doctrine is backwards here.
Why it's wrong
Barnabas is denying the contract was ever formed, not asserting its validity and then contradicting it. The estoppel doctrine is backwards here.
22427_christian-musician · CONTRACTS · Choice DNo, because the agreement concerning the amplifier is an oral agreement that was made prior to the writing and it contradicts the terms of the writing.
Why it's attractive
The parol evidence rule is the right doctrine to consider, but it has an exception for conditions precedent to formation. D names the right framework but misses the exception.
Why it's wrong
The parol evidence rule is the right doctrine to consider, but it has an exception for conditions precedent to formation. D names the right framework but misses the exception.
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