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| Certain contracts that must be in writing |
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| The person who will administer the estate of a decedent pursuant to a will |
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| The person who will administer the estate of a decedent when there is no will. |
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| A person appointed by the court to administer a small estate less than 20k |
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| A writing will not be required when the promissory has a direct interest in the transaction when he or she derives a benefit. |
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| A contract in which a person takes on the debt of another and the original debtor is released. |
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| A person who owes something |
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| A person who is owed something |
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| Is a contract between a debtor and a creditor that the debtor will continue to owe to pay a debt even though the debt might otherwise be discharged in bankruptcy. |
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| When one is unjustly enriched the courts try to make things equal. |
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| When one party has an unfair advantage in a contract. |
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| If a principal appoints an agent to do an act for him, then that act must be in writing under the statute of frauds and then the authorizing contract must be in writing. |
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| the one who empowers another to act on his/her behalf |
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| is one who is empowered to act on another's behalf |
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| to have acted one on the behalf of another |
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| the prohibition against denying the validity or significance of acts done in performance of a contract. |
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| when a person relies on a promise of another to his detriment |
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| when a person takes advantage of another person by pretending there is a contract when there is not. Court may allow unjust enrichment. This estoppel is based on a misrepresentation of fact. |
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person to be sued on the contract admitted the contract in court.
This is the one exception in NC to the Statute of Frauds. |
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| Ways established by the courts to try to determine the meaning of unfair contracts |
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| Four corners of the contract |
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| Metaphor for reviewing the contract itself; sticking with the language of the contract to solve the issues |
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| Looking at the contract itself only |
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| Cannot discern the meaning of the parties |
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| A written contract may not be varied or contradicted by a prior or contemporaneous oral declarations; we don't ask parties what they said to one another. |
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| A written contract that contains all the terms and conditions of the parties's agreement and it cannot be modified by parol evidence. (Oral evidence). |
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| A clause that states all prior oral or written agreements are merged into the existing document; related to the parol evidence rule. |
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| An event or circumstance that must occur before performance contract obligation comes into existence. |
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