Exam 15: Contracts in Writing

The Uniform Electronic Transactions Act, which has been adopted by all of the states and the District of Columbia, gives full effect to electronic contracts and develops a uniform legal framework for their implementation.

Under E-Sign, an electronic agent:

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

Under the UCC, a(n) __________ is a practice or method of dealing regularly observed and followed in a place or vocation or trade.

Tom's bank is threatening to repossess his car. Tom's mother notifies the bank that she promises to pay the bank if Tom defaults on the loan. This promise must be in writing or have a sufficient electronic record to be enforceable.

The parol evidence rule applies to partially written agreements.

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.

The Uniform Electronics Transactions Act was promulgated in 1999.  Which of the following is not correct in regard to the UETA?

An oral contract for the transfer of an interest in land may be enforced if the party seeking enforcement has so changed his position in reasonable reliance on the contract that a court can prevent injustice only by enforcing the contract.

Under the majority rule, the test under the one-year provision of the statute of frauds is whether it is likely that the contract will be completed within one year.

The part performance exception to the land contract provision of the statute of frauds in many states requires both that the transferee has paid a portion of the purchase price and has either taken possession of the real estate or has started to make valuable improvements on it.

With regard to the interpretation of a contract, what priority is given to each of the following items? (a) Course of dealing (b) Usage of trade (c) Express terms (d) Course of performance

Gardner sends Everet a letter offering to sell Everet his car for $2,500. Everet writes back that he'll take it. They now must get together and write a memorandum because it is a sale of goods for over $500.

What is another name for the main purpose doctrine?

Kelley borrows $3,000 from Paul and orally agrees to repay him in three annual installments. Most courts would hold:

In which of the following situations will an oral contract for the sale of goods be unenforceable without a writing?

The parol evidence rule is:

Clara types a letter to Fraser setting forth the terms of their contract that falls within the statute of frauds. At the end of the letter, she types her name but does not sign her signature to it. If Fraser wants to use the letter to satisfy the writing requirement, he may do so.

The UCC Article 2 statute of frauds provision applies to the sale of goods for the price of __________ or more.

Richard agrees to supply Henry with all his needs of specially made shampoo for Henry's beauty salon. Henry believes that Richard is a representative of a famous hair products company, but he finds a letter to a competitor written by Richard two days before Henry's agreement with Richard was signed, proving that Richard is a fraud. Richard says that this letter may not be admitted in court since their contract is wholly integrated. Is he correct?