Exam 15: Contracts in Writing

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

Which of the following is a collateral promise?

A number of courts have used the doctrine of promissory estoppel to displace the requirement of a writing by enforcing oral contracts within the statute of frauds.

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

In which of the following situations does the parol evidence rule not apply?

The purpose of the statute of frauds is to prevent the performance of oral contracts.

Under the parol evidence rule, which of the following types of evidence may be used to vary or contradict the written agreement?

A contract to pay for car repair services costing $1,400 would have to be in writing or in proper electronic form to be enforceable.

In determining the meaning of a contract, which of the following will have first priority?

The statute of frauds applies to executory contracts only.

The  2001 Revisions to Article 1,  adopted by all fifty states,  have  deleted the requirement  that contracts for the sale of other personal property for more than $5,000 be in writing.

A significant impediment to e-commerce has been the questionable enforceability of contracts entered into through electronic means, such as the Internet or e-mail, because of the writing requirements under contract and sales law.

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.

The UCC statute of frauds requires that the writing include all agreed-upon terms.

a. What are the basic requirements of a writing within the statute of frauds in Article 2 of the UCC? b. In what three cases does Article 2 of the UCC permit an oral contract?

In order to be sufficient, an agreement required to be written under the statute of frauds must be signed at the bottom and notarized.

Would a letter written after the execution of a contract and which contained agreements different from those in the written contract be admissible under the parol evidence rule?

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

April, executrix of Hobbes' estate, promised Mr. Foxer in writing that she would personally pay one of Hobbes'  debts to Foxer Co. If April fails to pay, the written promise must be in existence at the time Foxer Co. initiates a lawsuit so the writing can be produced as evidence.

The UCC requires that all contracts for the sale of goods must be in writing or in proper electronic form.