Exam 15: Contracts in Writing

In order to induce a car dealer to sell her son a car on credit,Mary promises that she will pay for the son's car if the son defaults on his monthly payments to the dealership.Mary's promise must be in writing or have a sufficient electronic record.

Which of the following promises in consideration of marriage would be outside the statute of frauds?

Stan orally agreed to sell his house to Humphrey and Humphrey made a down payment.Humphrey wanted it ready for his family quickly,so he had a new roof put on,new carpeting installed,and renovated the kitchen.Stan now thinks the place looks great and has decided not to sell.A business law student told him he could refuse to sell because the agreement was oral.Can he? Explain.

The main purpose doctrine is an exception developed by the courts to the suretyship provision.

In an employment agreement with Karl,Arnold promises to work for Karl for the rest of his life.This promise must be in writing to be enforceable.

On March 20,Gordon orally agrees to work for Carrham,Inc.for a period of one year commencing on June 1.No writing is necessary here,because the contract can be performed within one year.

Which of the following is an exception to the suretyship provision requirement under the statute of frauds?

Chris receives a printed form in the mail from Wyandott Heating indicating that he has placed a telephone order for a $600 heater.He doesn't recall placing the order.Which of the following is correct?

The parol evidence rule only applies to written contracts.

The parol evidence rule does not apply to:

Brent loans Manuel $1,600 on his oral promise to repay the loan in three annual installments.Most courts would hold Manuel's promise is unenforceable under the one-year provision of the statute of frauds.

The statute of frauds does not prevent the performance of oral contracts if the parties are willing to perform.

When a court interprets an ambiguous contract,usage of the trade will take precedence over express terms in the contract.

Which of the following promises does not have to be evidenced by writing in order to be enforceable?

Under the UCC,____ refers to the manner and extent to which the respective parties to a contract have accepted successive tenders of performance by the other party without objection.

A usage of trade is a practice or method of dealing,regularly observed and followed in a place,vocation,or trade.

What is another name for the main purpose doctrine?

An example of language creating a suretyship as meant under the statute of frauds would be the following: "If my business partner does not write out the check for the supply bill for our company,I will."

Blevins,Inc.calls the Widget Corporation of America to order 400 widgets at $2 a widget.Widget accepts the oral order and then sends out an order confirmation form,with the pre-printed name Widget Corporation of America on the top of the form.The form states that an order has been received for "300" widgets and that it will be filled promptly.In this case:

ABC Corp.is building a new office tower.Ace Plumbing Supplies refuses to provide plumbing materials on credit to the plumbing subcontractor on the building.ABC promises Ace that it will pay for the materials if the subcontractor does not.ABC's promise is unenforceable unless in writing.