Question 1

Which of the following is false regarding international treatment of evidentiary matters?

Accepted Answer

A)  German law does not have a parol evidence rule. 
B)  France has a limited parol evidence rule. 
C)  The parol evidence rule in France does not apply to commercial contracts. 
D)  England requires that promises to pay for the debt of others be in writing. 
E)  England has significantly increased the number of contracts falling within the statute of frauds since the original act was passed. 
A)  German law does not have a parol evidence rule. 
B)  France has a limited parol evidence rule. 
C)  The parol evidence rule in France does not apply to commercial contracts. 
D)  England requires that promises to pay for the debt of others be in writing. 
E)  England has significantly increased the number of contracts falling within the statute of frauds since the original act was passed.

Question 2

Thea has a large farm and significant other assets. She agreed to loan her nephew Marcus $100,000 with payments of principle and interest to be made yearly. A few years later she and Marcus got into a dispute because Thea did not like his new girlfriend, Eileen. Soon thereafter Marcus got notice that Thea was suing him for not paying interest on the note. Marcus defended on the basis that two years after the initial loan agreement was entered into, he and Thea entered into an oral agreement that he would perform services on her farm in lieu of paying interest on the note. If the court follows the reasoning of the court in the Case Opener involving Monroe Bradstad and Jeanne Garland, which of the following is the most likely result of the dispute between Thea and Marcus involving whether he owes past interest amounts?

Accepted Answer

A)  Marcus will be required to pay the interest amounts because the agreement involving performing services in lieu of paying interest was not in writing. 
B)  Marcus will be required to pay the interest amounts because the parol evidence rule bars evidence of any oral agreement outside the written agreement. 
C)  Assuming the court credits Marcus' account of events, Marcus will not be required to pay the interest amounts because the oral agreement will be considered a separate enforceable agreement. 
D)  Assuming the court credits Marcus' account of events, Marcus will not be required to pay the interest amounts because the oral agreement will be considered an extension and part of the original written agreement. 
E)  Assuming the court credits Marcus' account of events, based on the parol evidence rule, Marcus will be required to pay only 1/2 of the interest amounts. 
A)  Marcus will be required to pay the interest amounts because the agreement involving performing services in lieu of paying interest was not in writing. 
B)  Marcus will be required to pay the interest amounts because the parol evidence rule bars evidence of any oral agreement outside the written agreement. 
C)  Assuming the court credits Marcus' account of events, Marcus will not be required to pay the interest amounts because the oral agreement will be considered a separate enforceable agreement. 
D)  Assuming the court credits Marcus' account of events, Marcus will not be required to pay the interest amounts because the oral agreement will be considered an extension and part of the original written agreement. 
E)  Assuming the court credits Marcus' account of events, based on the parol evidence rule, Marcus will be required to pay only 1/2 of the interest amounts.

Question 3

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Accepted Answer

A)  The statute is intended to prevent oral claims to the existence of a contract for the sale of land. 
B)  The statute requires a writing as evidence of a contract to sell land. 
C)  A claim to an oral contract for the sale of land is not enough to prove a contract of sale existed. 
D)  Mortgages on land are within the statute of frauds. 
E)  No leases are within the statute of frauds. 
A)  The statute is intended to prevent oral claims to the existence of a contract for the sale of land. 
B)  The statute requires a writing as evidence of a contract to sell land. 
C)  A claim to an oral contract for the sale of land is not enough to prove a contract of sale existed. 
D)  Mortgages on land are within the statute of frauds. 
E)  No leases are within the statute of frauds.

Question 4

On February 1, Dorian Winn, a publisher, hires Travis to write twenty books of a novel-series, each over a thousand pages long. Travis laughs, saying that it could take a year just to write one of the books. Travis also says that the oral contract for the project wouldn't be valid anyway. Is Travis correct?

Accepted Answer

A)  Yes, if it is over $500. 
B)  Yes, because even if he worked around the clock for a year, it is highly unlikely the contract can be performed within a year. 
C)  Yes, because contracts that cannot be performed within a year fall within the statute of frauds and must be in writing. 
D)  No, because contracts that cannot be performed within a year are outside the statute of frauds. 
E)  No, because even though highly unlikely, the project can theoretically be completed within one year and does not have to be in writing. 
A)  Yes, if it is over $500. 
B)  Yes, because even if he worked around the clock for a year, it is highly unlikely the contract can be performed within a year. 
C)  Yes, because contracts that cannot be performed within a year fall within the statute of frauds and must be in writing. 
D)  No, because contracts that cannot be performed within a year are outside the statute of frauds. 
E)  No, because even though highly unlikely, the project can theoretically be completed within one year and does not have to be in writing.

Question 5

Michelle is offered a job at a law firm as long as she passes the bar exam. The promise of a job conditioned on passing the bar exam is known as a(n):

Accepted Answer

A)  Advanced condition. 
B)  Foreseeable condition. 
C)  Precedent condition. 
D)  Condition precedent. 
E)  Condition subsequent. 
A)  Advanced condition. 
B)  Foreseeable condition. 
C)  Precedent condition. 
D)  Condition precedent. 
E)  Condition subsequent.

Question 6

The Uniform Electronic Transactions Act reflects the decision that electronic transactions do not constitute a written copy because the electronic transaction is not technically a written document.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following parties must sign a document coming within the statute of frauds?

Accepted Answer

A)  The party against whom action is sought 
B)  The offeror only 
C)  The offeree only 
D)  Only a person who has agreed to pay the debt of another 
E)  Any party to the contract 
A)  The party against whom action is sought 
B)  The offeror only 
C)  The offeree only 
D)  Only a person who has agreed to pay the debt of another 
E)  Any party to the contract

Question 8

Which of the following promises would not need to be in writing to be enforceable?

Accepted Answer

A)  Jonie and Kiel promise to marry each other. 
B)  Jonie promises to buy Kiel a big ring if they get married. 
C)  Jonie promises that his house will also be Kiel's house when they get married. 
D)  Jonie promises he will marry Kiel in two years and pay for a big wedding. 
E)  Kiel promises to marry Jonie and take Jonie on a honeymoon to Paris. 
A)  Jonie and Kiel promise to marry each other. 
B)  Jonie promises to buy Kiel a big ring if they get married. 
C)  Jonie promises that his house will also be Kiel's house when they get married. 
D)  Jonie promises he will marry Kiel in two years and pay for a big wedding. 
E)  Kiel promises to marry Jonie and take Jonie on a honeymoon to Paris.

Question 9

[Lake House] Damian has two houses, a house on the lake and a house in town. Frida wants to buy the house on the lake. Damian and Frida orally agree that Frida will buy the house on the lake for $300,000. Damian hurriedly writes out a contract providing that he would sell "his house" to Frida for $300,000. Damian signs the top of the document. Frida does not sign at all. No merger clause is included in the contract. Damian backs out of the contract, and Frida sues him. He tells the judge that the statute of frauds is left unsatisfied because he did not sign the document at the end and also because Frida did not sign at all. He also tells the judge that, at any rate, the agreement referred to the house in town, not the house on the lake; and that under the parol evidence rule, he had the right to identify the correct house.
-Regarding Damian's assertion that under the parol evidence rule he had the right to identify the house referenced in the contract, which of the following is true?

Accepted Answer

A)  Damian is correct. 
B)  Damian is incorrect because under the parol evidence rule, Frida, as the buyer, would be allowed to identify the subject matter in the event of a discrepancy. 
C)  Damian is incorrect because under the parol evidence rule, the judge would likely allow oral evidence regarding the house at issue in order to clarify an ambiguity. 
D)  Damian is incorrect because the parol evidence rule would not apply in situations involving an ambiguity. 
E)  Damian is incorrect because the parol evidence rule would not apply in the absence of a merger clause. 
A)  Damian is correct. 
B)  Damian is incorrect because under the parol evidence rule, Frida, as the buyer, would be allowed to identify the subject matter in the event of a discrepancy. 
C)  Damian is incorrect because under the parol evidence rule, the judge would likely allow oral evidence regarding the house at issue in order to clarify an ambiguity. 
D)  Damian is incorrect because the parol evidence rule would not apply in situations involving an ambiguity. 
E)  Damian is incorrect because the parol evidence rule would not apply in the absence of a merger clause.

Question 10

An oral contract for customized goods is enforceable.

Accepted Answer

A) True 
 B)False

Exam 18: Contracts in Writing

Which of the following is false regarding international treatment of evidentiary matters?

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Michelle is offered a job at a law firm as long as she passes the bar exam. The promise of a job conditioned on passing the bar exam is known as a(n):

The Uniform Electronic Transactions Act reflects the decision that electronic transactions do not constitute a written copy because the electronic transaction is not technically a written document.

Which of the following parties must sign a document coming within the statute of frauds?

Which of the following promises would not need to be in writing to be enforceable?

An oral contract for customized goods is enforceable.

An Introduction to Dynamic Business Law

Business Ethics

The Us Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

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