Exam 15: Contracts in Writing

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

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

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

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.

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.

Most types of contracts are valid without being written.

Under the UCC parol evidence rule, usage of trade will take priority over specific provisions in a written contract.

In which of the following cases will an oral contract for the sale of goods of $750 be enforceable without a writing?

Abco Corp.is building a new office tower.Ace Plumbing Supplies refuses to provide plumbing materials on credit to the plumbing subcontractor on the building.Abco promises Ace that it will pay for the materials if the subcontractor does not.Abco's oral promise is enforceable.

A written, integrated contract contains a provision that states it will be effective for a "year." The plaintiff in a lawsuit claims that a "year" is obviously 12 months.The defendant claims that the contract meant a 10-month school year.In this case:

On March 20, Alan orally agrees to work for Trower, Inc.for a period of one year commencing on June 1.No writing is necessary here, because the contract can be performed within one year.

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

Chris receives a printed form in the mail from Wyandott Heating & Air indicating that he has placed a telephone order for a $600 heater.He doesn't recall placing the order.Which of the following is correct?

The executor-administrator provision applies to promises of an executor of a decedent's estate to the decedent's creditors.

General contract law states that contracts that have to be in writing must:

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.

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.

E-Sign was enacted by Congress in 2000 and makes electronic records and signatures valid and enforceable across the United States for many types of transactions in or affecting interstate or foreign commerce.

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

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.