Question 1

Buyer and Seller orally agree to a contract for the sale of 400 shirts at $10 per shirt.Seller fails to perform and Buyer sues.This contract is:

Accepted Answer

A)  enforceable,because the Statute of Frauds does not apply to sales of shirts 
B)  unenforceable,because the contract is not in writing 
C)  enforceable; no writing is required because the sale is not over the Statute of Frauds dollar limit 
D)  unenforceable,unless both parties are merchants 
A)  enforceable,because the Statute of Frauds does not apply to sales of shirts 
B)  unenforceable,because the contract is not in writing 
C)  enforceable; no writing is required because the sale is not over the Statute of Frauds dollar limit 
D)  unenforceable,unless both parties are merchants B

Question 2

A contract to provide services from February 1,2007,to November 25,2007,that was signed on September 15,2003,is required to be in writing under the Statute of Frauds.

Accepted Answer

A) True 
 B)False  True

Question 3

The 1-year period for determining whether a contract is required to be in writing under the Statute of Frauds is measured from the date that:

Accepted Answer

A)  the contract is formed until its stated completion date 
B)  performance begins until it is actually completed 
C)  the contract is formed until it is actually completed 
D)  performance begins until its stated completion date 
A)  the contract is formed until its stated completion date 
B)  performance begins until it is actually completed 
C)  the contract is formed until it is actually completed 
D)  performance begins until its stated completion date A

Question 4

Under the parol evidence rule,which of the following items could be used to interpret,explain,or otherwise affect a complete and final written contract?

Accepted Answer

A)  evidence of a prior oral agreement 
B)  evidence of a subsequent oral agreement 
C)  evidence to explain an unclear term or phrase 
D)  A and C only 
E)  B and C only 
A)  evidence of a prior oral agreement 
B)  evidence of a subsequent oral agreement 
C)  evidence to explain an unclear term or phrase 
D)  A and C only 
E)  B and C only

Question 5

A contract to provide a service to a person for the remainder of that person's life is not required to be in writing under the Statute of Frauds even if the services are to be provided to someone who is young and healthy.

Accepted Answer

A) True 
 B)False

Question 6

The equitable doctrine that permits enforcement of oral contracts that should have been in writing is known as:

Accepted Answer

A)  the equal dignity rule 
B)  promissory estoppel 
C)  a collateral contract 
D)  part performance 
A)  the equal dignity rule 
B)  promissory estoppel 
C)  a collateral contract 
D)  part performance

Question 7

The source of the Statute of Frauds today is a federal statute.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is not a general rule of contract interpretation?

Accepted Answer

A)  Ordinary words are given their ordinary dictionary definition. 
B)  Specific terms qualify or override general terms. 
C)  Handwritten terms prevail over printed terms. 
D)  Ambiguities in a contract are resolved in favor of the party who drafted the contract. 
A)  Ordinary words are given their ordinary dictionary definition. 
B)  Specific terms qualify or override general terms. 
C)  Handwritten terms prevail over printed terms. 
D)  Ambiguities in a contract are resolved in favor of the party who drafted the contract.

Question 9

Which of the following is not true about the Statute of Frauds?

Accepted Answer

A)  One purpose is to preserve evidence where there might be a question about the terms of a contract long after the contract is entered into. 
B)  One purpose is to make parties think seriously about contracts that they might not otherwise seriously consider the potential consequences of. 
C)  A promise to marry someone must be in writing in order to be enforceable. 
D)  Prenuptial agreements must be in writing in order to be enforceable. 
A)  One purpose is to preserve evidence where there might be a question about the terms of a contract long after the contract is entered into. 
B)  One purpose is to make parties think seriously about contracts that they might not otherwise seriously consider the potential consequences of. 
C)  A promise to marry someone must be in writing in order to be enforceable. 
D)  Prenuptial agreements must be in writing in order to be enforceable.

Question 10

Sam and Betty sign a written contract on June 1 in which Sam will sell his 1999 Honda Accord to Betty for $10,000,not including the CD player which is mounted in the trunk.Sam will remove the CD player from the car and keep it.They will exchange the car and money on June 10.On June 8,Betty tells Sam she will pay an extra $100 if he will include the CD player and Sam agrees.Which is true?

Accepted Answer

A)  Sam and Betty cannot enter into the additional agreement regarding the CD player because it violates the parol evidence rule. 
B)  The additional agreement regarding the CD player is unenforceable because of the parol evidence rule. 
C)  The parol evidence rule does not apply to the agreement about the CD player because it was made after the original agreement was made. 
D)  The improper attempt to modify the original agreement renders the original agreement void. 
E)  The parol evidence rule would apply only if the agreement about the CD player was entered into after June 10. 
A)  Sam and Betty cannot enter into the additional agreement regarding the CD player because it violates the parol evidence rule. 
B)  The additional agreement regarding the CD player is unenforceable because of the parol evidence rule. 
C)  The parol evidence rule does not apply to the agreement about the CD player because it was made after the original agreement was made. 
D)  The improper attempt to modify the original agreement renders the original agreement void. 
E)  The parol evidence rule would apply only if the agreement about the CD player was entered into after June 10.

Question 11

The Statute of Frauds requires that the following types of contracts be in writing except:

Accepted Answer

A)  promises to make a will 
B)  promises to marry 
C)  contracts involving the sale of interests in land 
D)  contracts impossible to perform within a year 
A)  promises to make a will 
B)  promises to marry 
C)  contracts involving the sale of interests in land 
D)  contracts impossible to perform within a year

Question 12

What does the parol evidence rule do?

Accepted Answer

A)  It sets the rules for the admissibility of evidence relating to releasing a criminal from a prison term. 
B)  It determines which contracts are required to be in writing. 
C)  It sets the general rules for the admissibility of evidence in criminal actions. 
D)  It limits the ability of parties to written contracts from introducing certain evidence related to the contract. 
E)  It determines the types of evidence that can be introduced in connection with oral contracts. 
A)  It sets the rules for the admissibility of evidence relating to releasing a criminal from a prison term. 
B)  It determines which contracts are required to be in writing. 
C)  It sets the general rules for the admissibility of evidence in criminal actions. 
D)  It limits the ability of parties to written contracts from introducing certain evidence related to the contract. 
E)  It determines the types of evidence that can be introduced in connection with oral contracts.

Question 13

Fixtures,such as cabinets,start out as personal property but become part of the real estate when they are attached to the wall.

Accepted Answer

A) True 
 B)False

Question 14

Mary signed a lease agreement that includes the following provisions,among others: 
1.The monthly rent is $800,due on the first of the month.Late rent is not accepted and will be considered a breach of this lease agreement.The term of this lease is 12 months.
2.Utilities costs will be shared with the other three units in the building.The landlord will provide copies of the monthly electric and water bills along with a calculation of the amount owed by the tenants in each unit.
3.No more than one automobile per unit can be parked in the parking lot.Parking is unassigned.
4.No pets,except fish,are allowed.Any tenant caught with a pet in violation of this provision will be considered in breach of this agreement.
5.Tenants keeping a cat will be charged a $100 cleaning fee.This will be charged regardless of the actual cleanliness of the apartment.
6.Security deposit.The tenant will pay a security deposit of $1,000 to secure the performance of this lease.
Several months into the agreements several disputes arise over this lease.The parties continue with the agreement until just before the rent is due for the last month.Mary has the following disputes: 
a.The landlord told Mary in the fifth month that she could pay by the fifth day of the month and it would not be a problem.He now claims that she has breached by paying in this 5-day period.
b.The landlord has been charging Mary one-fourth of the water and electricity costs even though he told Mary that her share would be 20 percent,because her unit is significantly smaller than the other three units.
c.Next to the "one" in the car parking provision,the landlord wrote "two" by hand.Now the landlord wants to limit Mary and her roommate to one car in the lot.
d.Mary has had a cat in the apartment for the last few months and the landlord wants her to remove it.
e.Mary wants the landlord to take her last month's rent out of the security deposit,and the landlord refuses.Discuss the issues surrounding the disputes in this lease.

Accepted Answer

Generally,there are parol evidence rule

Question 15

Where there is a contradiction in the terms of a contract,specific terms will control over general terms.

Accepted Answer

A) True 
 B)False

Question 16

Lyle offers to sell Eddie his car for $1,000.Eddie shows up a day later,but Lyle refuses to deliver the car.Can Eddie enforce the contract?

Accepted Answer

A)  Yes; it is a valid oral contract. 
B)  No,because the agreement was not in writing. 
C)  No,because Lyle can terminate the contract before accepting the money. 
D)  No,because Eddie did not immediately provide payment. 
A)  Yes; it is a valid oral contract. 
B)  No,because the agreement was not in writing. 
C)  No,because Lyle can terminate the contract before accepting the money. 
D)  No,because Eddie did not immediately provide payment.

Question 17

Which of the following contracts is not required to be in writing under the Statute of Frauds?

Accepted Answer

A)  a contract to be performed in less than 1 year 
B)  a contract made in consideration of a promise to marry 
C)  a contract involving the sale of land 
D)  a contract for the sale of goods of $500 or more 
E)  a contract to pay someone else's debt if that person fails to 
A)  a contract to be performed in less than 1 year 
B)  a contract made in consideration of a promise to marry 
C)  a contract involving the sale of land 
D)  a contract for the sale of goods of $500 or more 
E)  a contract to pay someone else's debt if that person fails to

Question 18

Which of the following constitutes a sufficient signature under the Statute of Frauds?

Accepted Answer

A)  the complete signature of the party 
B)  a signature affixed by an authorized agent 
C)  a party's first name or nickname 
D)  A and B only 
E)  A,B,and C 
A)  the complete signature of the party 
B)  a signature affixed by an authorized agent 
C)  a party's first name or nickname 
D)  A and B only 
E)  A,B,and C

Question 19

Incorporation by reference in a contract means that:

Accepted Answer

A)  at least one of the parties is a corporation 
B)  the written contract has incorporated all aspects of the parties' agreement 
C)  the written contract includes all or part of another document as part of the written contract's terms 
D)  no terms other than those in the contract can be admitted as evidence in court 
A)  at least one of the parties is a corporation 
B)  the written contract has incorporated all aspects of the parties' agreement 
C)  the written contract includes all or part of another document as part of the written contract's terms 
D)  no terms other than those in the contract can be admitted as evidence in court

Question 20

Seller and Buyer negotiate for the sale of 100 acres of land.They orally agree on a price of $100,000,one half in cash at closing and the other half 90 days after closing.Buyer sends Seller a letter in which all the terms are included and is signed by Buyer.Seller never responds.When the closing date arrives,Seller refuses to transfer title.Buyer sues.This contract is:

Accepted Answer

A)  enforceable,because Buyer had partly performed the contract by sending the letter to Seller 
B)  unenforceable,because there is no writing signed by Seller 
C)  enforceable,because Buyer sent a memorandum sufficient against himself,which binds Seller unless Seller objects,which he did not 
D)  unenforceable,because the parol evidence rule applies 
A)  enforceable,because Buyer had partly performed the contract by sending the letter to Seller 
B)  unenforceable,because there is no writing signed by Seller 
C)  enforceable,because Buyer sent a memorandum sufficient against himself,which binds Seller unless Seller objects,which he did not 
D)  unenforceable,because the parol evidence rule applies

Exam 14: Statute of Frauds and Equitable Exceptions

Buyer and Seller orally agree to a contract for the sale of 400 shirts at $10 per shirt.Seller fails to perform and Buyer sues.This contract is:

A contract to provide services from February 1,2007,to November 25,2007,that was signed on September 15,2003,is required to be in writing under the Statute of Frauds.

The 1-year period for determining whether a contract is required to be in writing under the Statute of Frauds is measured from the date that:

Under the parol evidence rule,which of the following items could be used to interpret,explain,or otherwise affect a complete and final written contract?

A contract to provide a service to a person for the remainder of that person's life is not required to be in writing under the Statute of Frauds even if the services are to be provided to someone who is young and healthy.

The equitable doctrine that permits enforcement of oral contracts that should have been in writing is known as:

The source of the Statute of Frauds today is a federal statute.

Which of the following is not a general rule of contract interpretation?

Which of the following is not true about the Statute of Frauds?

The Statute of Frauds requires that the following types of contracts be in writing except:

What does the parol evidence rule do?

Fixtures,such as cabinets,start out as personal property but become part of the real estate when they are attached to the wall.

Where there is a contradiction in the terms of a contract,specific terms will control over general terms.

Lyle offers to sell Eddie his car for $1,000.Eddie shows up a day later,but Lyle refuses to deliver the car.Can Eddie enforce the contract?

Which of the following contracts is not required to be in writing under the Statute of Frauds?

Which of the following constitutes a sufficient signature under the Statute of Frauds?

Incorporation by reference in a contract means that:

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

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Landlord Tenant Law and Land Use Regulation

Insurance

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Wills, Trusts, and Elder Law

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