Book Opener

The Best Evidence RuleThe courts usually require that the original copy of a written agreementbe submitted into evidence rather than any sort of copy. Thisrequirement is generally referred to as the best evidence rule . The rulemeans a court would look with disfavor at photocopies or carbon copiesof the written agreement, preferring instead to see the original agreement.Copying a contract can make it easier for an unscrupulous party to concealany misleading alterations to the original agreement. For this reason, whena contract is reduced to writing, each party receives an original version ofthe contract. Such original versions are generally referred to as duplicateoriginals . When you enter into a contract, do not accept a photocopy ora carbon copy of your agreement because such a contract will not be acceptableto the court if you should need to pursue legal action.Contracts for Unmarried CouplesWhen unmarried couples live together, or cohabit, certain legal rulesapply. For the most part, these rules have come about as a result of courtcases rather than state law. The leading court case to address legal principlesinvolving the rights of cohabiting couples to make contracts was decidedin California.In Marvin v. Marvin, the court set forth several principles related to contractformation and cohabiting couples. First, cohabiting couples may make writtenor oral contracts. If there is no contract, a court may look to the couple’s actionsto find out whether an implied contract exists. If there is no implied contract, thecourt may presume that “the parties intend to deal fairly with each other.”The Marvin case was tried in California, but other states have sinceapplied its principles to cohabitation contracts, including contracts betweengay and lesbian partners. Many states now recognize contracts between gayand lesbian partners, but some states require such contracts be in writing. Afew states prohibit contracts between cohabiting couples on the principle thatsuch contracts foster immorality.Research What is the law in your state regarding the enforcement ofcohabitation contracts? What are some things that can be covered in suchcontracts?216 Unit 2: Entering Into Contracts