Question

exam two/legal transactions fiorentino/fall 2025
page 3
c. no, because claire wants to treat the contract as breached
d. no, because claire did not receive the material benefit of the bargain.

1. maria wishes to sell her house. donny agrees to buy said house for $340,000, and a written contract is drawn up. at this time, maria orally promises that danny can have the washer and dryer for an extra $50. when maria moves out, she takes the washer and dryer with her. donny delivers the $50 and argues maria is in breach of contract. what is maria’s best defense?

a. parol evidence rule
b. unilateral contract
c. quasi contract
d. statute of fraud.

1. lucky owes nicholas three hundred dollars. nicholas assigns his right to receive the money to elizabeth. if lucky fails to pay the three hundred dollars, who can enforce the contract?

a. only nicholas
b. only elizabeth
c. either elizabeth or nicholas
d. neither elizabeth nor nicholas

1. marty hires nora who advertises herself as an attorney to file papers for her divorce from todd. marty receives a bill for said services for $1000 but later discovers nora does not have a license to practice law in the state.

Explanation:

The parol evidence rule generally prevents the introduction of oral agreements made prior to or contemporaneous with a written contract that contradicts, varies, or adds to the terms of the written contract. Since the written contract for the house - sale did not include the promise of the washer and dryer, Maria can use the parol evidence rule as her best defense. For the assignment of the debt, when a right is assigned, the assignee (Elizabeth) can enforce the contract.

Answer:

1. a. Parol evidence rule
2. b. Only Elizabeth