The Following Elements Must Be Established to Create an Express

question 147

True/False

The following elements must be established to create an express contract: 1)The plaintiff provided property or services to the defendant; 2)The plaintiff expected to be paid by the defendant for the property or services and did not provide the property or services gratuitously; and 3)The defendant was given an opportunity to reject the property or services provided by the plaintiff but failed to do so.

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Definitions:

Parol Evidence Rule

A common law rule which states that oral evidence of an agreement made prior to or contemporaneously with a written agreement is inadmissible when the parties intend to have the written agreement be the complete and final version of their agreement.

Express Warranty

An explicit promise made by a seller about the quality or functionality of a product or service, forming part of the contract.

Warranty Of Trade Usage

An implicit guarantee that a product or service conforms to the customary standards and practices in a particular industry or trade.

Fitness For A Particular Purpose

A warranty in sales law that goods will meet the specific request of the buyer.