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Internet Resources In
Examination and Underwriting

John M. Biesiada

Contracts


In General, the Following Types of Contracts Must Be In Writing: contracts for land, leases beyond one year, contract to pay a real estate commission, contracts for the sale of certain personal property for $5,000 or more, contracts for the sale of goods for $500 or more, contracts calling for performance beyond one year, agreements to pay a third party’s debt, trust conveyances, wage assignment contracts involving married persons, marital property agreements, and arbitration agreements.

A contract can be unfair, either by its terms or as the contractual relationship between the parties develops. Where the terms of a contract are inherently unfair, the doctrine of unconscionability allows courts to refuse to enforce the contract. Where a contractual relationship develops such that it is unfair to one party, the doctrines of the covenant of good faith and fair dealing, impossibility and frustration of purpose allow courts to do justice between the parties.

Every contract carries an implied covenant of good faith and fair dealing in the performance of its terms. The duty requires that parties to a contract refrain from any action or inaction that would defeat the purpose or terms of the agreement between the parties.

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