Caution CAUTION

Be alert for any statute of frauds issue. Some contracts must be in writing, such as an agreement that by its terms cannot be performed within one year, and promises to answer for the debt of another except for certain suretyship relationships. [See CC §1624(a).] If a writing includes the essential terms of the parties’ agreement, relevant extrinsic evidence may be admitted to explain essential terms that were understood by the parties but would otherwise be unintelligible to others. [Sterling v Taylor (2007) 40 C4th 757, 767, 771 (plaintiffs attempted to use extrinsic evidence to enforce a price term that lacked the certainty required by the statute of frauds).]

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