Exam 15: Contracts in Writing

Under the majority rule, the test under the one-year provision of the statute of frauds is whether the parties believe that the contract cannot be performed within one year.

Although not covered by the original statute of frauds, most states have statutes requiring a writing to make all but which of the following contracts enforceable?

The statute of frauds generally requires that both parties sign the writing.

Identify at least six situations in which the parol evidence rule does not apply.

The statute of frauds requires all contracts that can be fully performed within one year of their making to be in writing.

The suretyship provision has been interpreted to include promises made to a debtor.

An example of an enforceable oral contracts is:

The parol evidence rule applies only to integrated contracts, meaning those in which the parties have assented to the written agreement as the statement of the complete agreement between them.

On March 1, Tammy, a student, received a telephone call from Watterson, Inc. offering her a job for one year beginning on June 15, after completion of the school year. According to the personnel manager, she will have to move to California and be ready to start work at 8:00 a.m. on June 15. Should Tammy ask for a letter confirming the telephone conversation if she accepts the offer immediately?

Jim promises to marry Cynda if Cynda will buy him a new Ferrari for his birthday. If this promise is made orally, it is not enforceable.

Which of the following would NOT require a writing under the statute of frauds?

Where a contractual term has more than one possible meaning, it will be interpreted in favor of the party who supplied the contract.

Under the Code an oral contract for specially manufactured goods costing $500 is enforceable even if the seller has not begun their manufacture.

Which of the following is NOT a requirement of written contracts?

The main purpose doctrine is a court-developed exception to the suretyship provision.

In which of the following cases would an oral contract be enforceable without a written memorandum?

Under the Restatement and the Code, when can supplemental evidence be used with a written contract?

Which of the following is untrue with regard to the interpretation of contracts?

Barry's Sport Shop calls Champion Tee Shirt Company to order 200 designer tee shirts at $2 per shirt. The next day, Barry decides he can easily sell 100 more. Before the order is filled, he calls to change the order to 300 tee shirts. Champion sends 200. Can Barry force Champion to send the additional 100?

An employment contract that is in any way capable of being performed within one year from the date of the agreement falls within the requirements of the statute of frauds.