Exam 13: Defenses to Contract Enforceability

Dixon agrees to sell to Elmore, for $1,500, a remote parcel of land. They believe the land to be worthless, but beneath it is shale rock containing oil. A court would

A written contract for a transfer of land is usually enforceable.

Evidence of prior agreements that differ from the written terms of a con­tract can be introduced in court to contradict the contract.

A statement of opinion is generally subject to a claim of fraud.

Misrepresentation of a material fact can occur by words or action.

Words or terms in contracts that are subject to more than one reasonable interpretation can lead to bilateral mistakes.

Eleanora offers Flossy the amount of an investment in Flossy's start-up business venture if she marries Eleanora's son Glenn. This promise is enforceable​

Scienter clearly exists if a party knows a fact is not as stated.

A contract in which a party assumes a primary obligation normally must be in writing to be enforceable.

An innocent party can rescind a fraudulent contract and be restored to his or her original position.

To be enforceable, a memorandum evidencing an oral contract must include the essential terms.

Winona enters into a contract with Peyton to buy his land based on his assertion that the land is open to development. After the sale, Winona learns that only a small section of the land can be built on. A local law prohibits construction on the rest of the property. Winona can

On Monday, Merlin buys a tablet for $500 from a Pads & Pods store. On Tuesday, he returns to the store and buys a GPS device for $200. On Wednesday, he downloads $100 worth of tunes from singsong.com. To be enforceable as a contract, a writing is required for the purchase of

Abner tells a representative of Brass & Woodwind Musical Instruments, Inc., that he will pay for Claudia's trumpet if she does not. Abner does not secure any personal benefit for this promise. This promise is enforceable as a contract

A written contract that is intended to be the final statement of the terms of an agreement is an integrated contract.

Kari, a real estate agent, assures Linc that a certain parcel of commercial property fronts on the most highly trafficked street in Metro City. Linc buys the property and then discovers that the street has no more traffic than any other in its vicinity. Linc is most likely a victim of​

Lucas orally agrees to sell his Mountain Spring Water Company to Natural Beverages, Inc. Lucas notes the terms on a sheet of Mountain Spring stationery and signs it. This agreement is most likely enforceable against

The element of justifiable reliance requires the misrepresentation to be the sole factor in inducing the deceived party to enter into the contract.

Edward and First Star Company enter into an oral contract under which Edward agrees to provide delivery service for First Star for nine months. This contract is enforceable by

If a party against whom enforcement of an oral contract is sought admits under oath that a contract for sale was made, the contract will be enforceable.