Exam 9: Enforceability

The statute governing which contracts must be in writing to be enforceable is

Explain and differentiate fraud and innocent misrepresentation and the possible effects of each on the contract and the innocent parties' remedies.

Tye is selling his house which sustained a lot of water damage due to a leaky roof. Water damage stains grace the living room walls. Right before he shows his house, he paints over the water stains. Which statement below is correct?

Maddie cannot read. She signs a cell phone agreement without being able to read the document. This is an example of

Consent defects include all of the following except

In order for a party to avoid a contract based upon the defense of misrepresentation, all of the following must be present, except

Sheldon enters into an employment contract with Caltech Laboratory wherein he agrees to work for them until he solves the scientific equation of string theory. He has already been researching a solution to the theory for over a decade with no substantial movement toward a solution. Does this employment contract have to be in writing according to the statute of frauds? Explain your reasoning why.

Cliff sells a calculator to Lydia. He states he has only used it for his geometry class which was a lie because he never took geometry. He used it in his basic math class. Since Cliff lied to Lydia, most likely would Lydia be successful in asserting the defense of misrepresentation to get out of the contract?

Which of the following examples falls under the one-year rule of the statute of frauds?

Drake visited Dr. Young because his left foot was bothering him. After an examination, the doctor knew that the most common, most successful treatment would be rest, ice and an anti-inflammatory. However, Dr. Young knows that if he prescribes special vitamins he will profit from a special incentive program through a pharmaceutical company. Therefore, Dr. Young suggests that Drake also sign up for the vitamin regimen as well. While the vitamins will not hurt Drake, they also will not help his foot at all. Trusting Dr. Young, Drake signs up for the full vitamin regimen. Which would be the best defense to claim in this instance?

Unconscionability allows a court to render a contract unenforceable if the consideration is grossly unequal, such that it shocks the conscience.

Al, noticing a sign in the window of a restaurant which reads "World's Greatest Coffee!", excitedly runs into the place and agrees to buy $100.00 worth of their coffee. Al can get out of that contract because it was a misrepresentation.

In general, when dealing with an adhesion contract, courts will

What type of damages are often allowed in fraud cases?

In the case of Vokes v. Arthur Murray Dance Studio, the court determined that the dance instructor's intentional lie to an elderly widow, claiming that she had excellent dance potential, was

A verbal contract for the sale of real estate is enforceable under the statute of frauds as long as the parties agree to it.

When one person has more or better information than the other is an example of

A Verizon cell phone contract is an example of

Fraud requires

Parker runs Auto Oil Change. His arch enemy Stella comes into his business to get her oil changed. Parker intentionally lies when he tells Stella that he refilled her oil, when he actually left it empty. As a result, when Stella drives away her engine block freezes up and destroys her engine. Accordingly, which statement below is true about which damages she may recover because of Parker's fraudulent actions?