Question 1

Which of the following would NOT require a writing under the statute of frauds?

Accepted Answer

A) Where the buyer agrees to pay $10,000 for a piece of real estate. 
B) Where a renter agrees to rent a building for a 5-year period. 
C) Where a contract enters into an agreement for an easement across adjoining land to run cables. 
D) Where a landscaper agrees to landscape the lot surrounding an office building. 
A) Where the buyer agrees to pay $10,000 for a piece of real estate. 
B) Where a renter agrees to rent a building for a 5-year period. 
C) Where a contract enters into an agreement for an easement across adjoining land to run cables. 
D) Where a landscaper agrees to landscape the lot surrounding an office building. D

Question 2

The statute of frauds requires all contracts that can be fully performed within one year of their making to be in writing.

Accepted Answer

A) True 
 B)False  False

Question 3

Identify at least six situations in which the parol evidence rule does not apply.

Accepted Answer

a.Article 2 requires a writing in contracts for the sale of goods for a price of $500 or more.The UCC requires a writing or record sufficient to indicate that a contract has been made between the parties, signed by the party against whom enforcement is sought or by an authorized agent or broker, and specifying the quantity of goods to be sold.b.Three exceptions to the writing requirement are found in Article 2 of the UCC.One exception is that no writing is required when the goods are specially manufactured, not suitable for resale in the ordinary course of business, and the seller has made a substantial beginning on their manufacture or has made commitments for their procurement.No writing is necessary when the contract is admitted in pleadings or testimony in court.No writing is necessary where the goods have been paid for and accepted or where they have been received and accepted.

Question 4

Which of the following is a collateral promise?

Accepted Answer

A) A mother tells a merchant to extend $1,000 worth of credit to her son and says, "If he doesn't pay, I will." 
B) Andrew promises Donald that if Donald cannot pay his bills, Andrew will. 
C) A father tells a merchant to deliver a computer to his daughter and says, "Send me the bill.I'll pay for it." 
D) All of the above are collateral promises. 
A) A mother tells a merchant to extend $1,000 worth of credit to her son and says, "If he doesn't pay, I will." 
B) Andrew promises Donald that if Donald cannot pay his bills, Andrew will. 
C) A father tells a merchant to deliver a computer to his daughter and says, "Send me the bill.I'll pay for it." 
D) All of the above are collateral promises.

Question 5

A contract to pay for lawn care services costing $1,500 would have to be in writing to be enforceable.

Accepted Answer

A) True 
 B)False

Question 6

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.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is untrue with regard to the interpretation of contracts?

Accepted Answer

A) Express terms prevail over course of performance, and course of performance prevails over course of dealing. 
B) Technical terms will always be given technical meaning and language that has a commonly accepted meaning is always interpreted in accordance with that meaning. 
C) Handwritten or typed terms are given greater weight than preprinted terms. 
D) All writings that are part of the same transaction are interpreted together. 
A) Express terms prevail over course of performance, and course of performance prevails over course of dealing. 
B) Technical terms will always be given technical meaning and language that has a commonly accepted meaning is always interpreted in accordance with that meaning. 
C) Handwritten or typed terms are given greater weight than preprinted terms. 
D) All writings that are part of the same transaction are interpreted together.

Question 8

In the Jenkins v.Eckerd Corporation case, the court held that:

Accepted Answer

A) the trial court erroneously concluded that the lease unambiguously gave the lessee the option to cancel the lease. 
B) although the lease was unambiguous when read literally, the lease was not clear and complete with regard to the operation of the lease should the lease be assigned.Therefore, parol evidence should be admitted. 
C) extrinsic evidence could not be admitted because the lease was an integrated agreement complete in all essential terms and the lease contained no latent or patent ambiguity. 
D) the existence of a merger or integration clause establishes per se that a writing is totally integrated. 
A) the trial court erroneously concluded that the lease unambiguously gave the lessee the option to cancel the lease. 
B) although the lease was unambiguous when read literally, the lease was not clear and complete with regard to the operation of the lease should the lease be assigned.Therefore, parol evidence should be admitted. 
C) extrinsic evidence could not be admitted because the lease was an integrated agreement complete in all essential terms and the lease contained no latent or patent ambiguity. 
D) the existence of a merger or integration clause establishes per se that a writing is totally integrated.

Question 9

Barry's Sport Shop calls Champion Tee Shirt Company to order 200 designer tee shirts at $2 per shirt.The next day, Barry decides he can easily sell 100 more.Before the order is filled, he calls to change the order to 300 tee shirts.Champion sends 200.Can Barry force Champion to send the additional 100?

Accepted Answer

A) No, because there is no consideration for the extra 100 shirts. 
B) No, because Barry does not have a writing signed by Champion Tee Shirts. 
C) Yes, because this is a subsequent modification of the original contract. 
D) Yes, because Champion Tee Shirts is a merchant within the meaning of Article 2 of the UCC. 
A) No, because there is no consideration for the extra 100 shirts. 
B) No, because Barry does not have a writing signed by Champion Tee Shirts. 
C) Yes, because this is a subsequent modification of the original contract. 
D) Yes, because Champion Tee Shirts is a merchant within the meaning of Article 2 of the UCC.

Question 10

The parol evidence rule does not prevent the use of evidence that a party would like to use to establish the defense of fraud, duress, or undue influence.

Accepted Answer

A) True 
 B)False

Question 11

All contracts do not have to be in writing to be enforceable.

Accepted Answer

A) True 
 B)False

Question 12

An employment contract that is in any way capable of being performed within one year from the date of the agreement falls within the requirements of the statute of frauds.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following promises does not have to be evidenced by a writing in order to be enforceable?

Accepted Answer

A) Jones's agreement with Smith to sell his condominium for $100,000. 
B) Stewart's promise to work for Austin for a two-year period. 
C) Dad's promise to the credit union that he will make payments on his son's truck. 
D) Mindy's agreement with Susan to buy her bike for $400. 
A) Jones's agreement with Smith to sell his condominium for $100,000. 
B) Stewart's promise to work for Austin for a two-year period. 
C) Dad's promise to the credit union that he will make payments on his son's truck. 
D) Mindy's agreement with Susan to buy her bike for $400.

Question 14

Clara types a letter to David 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 David wants to use the letter to satisfy the writing requirement, he may do so.

Accepted Answer

A) True 
 B)False

Question 15

Most types of contracts are valid without being written.

Accepted Answer

A) True 
 B)False

Question 16

On April 2, Derrick hires JoAnn to work for ten months starting on June 10.Does the employment contract have to be written? Explain.

Accepted Answer

The statute of frauds requires that all

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Examples of unenforceable oral contracts are:

Accepted Answer

A) an oral promise to guarantee the additional duties of another. 
B) an oral agreement to substitute different land for that described in the original contract. 
C) an oral agreement to extend an employee's contract for six months to a total of two years. 
D) All of the above. 
E) (a) and (c), but not (b) 
A) an oral promise to guarantee the additional duties of another. 
B) an oral agreement to substitute different land for that described in the original contract. 
C) an oral agreement to extend an employee's contract for six months to a total of two years. 
D) All of the above. 
E) (a) and (c), but not (b)

Question 19

An example of language creating a suretyship as meant under the statute of frauds would be the following: "If my business partner does not write out the check for the supply bill for our company, I will."

Accepted Answer

A) True 
 B)False

Question 20

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 promise is unenforceable unless in writing.

Accepted Answer

A) True 
 B)False

Exam 15: Contracts in Writing

Which of the following would NOT require a writing under the statute of frauds?

The statute of frauds requires all contracts that can be fully performed within one year of their making to be in writing.

Identify at least six situations in which the parol evidence rule does not apply.

Which of the following is a collateral promise?

A contract to pay for lawn care services costing $1,500 would have to be in writing to be enforceable.

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.

Which of the following is untrue with regard to the interpretation of contracts?

In the Jenkins v.Eckerd Corporation case, the court held that:

The parol evidence rule does not prevent the use of evidence that a party would like to use to establish the defense of fraud, duress, or undue influence.

All contracts do not have to be in writing to be enforceable.

An employment contract that is in any way capable of being performed within one year from the date of the agreement falls within the requirements of the statute of frauds.

Which of the following promises does not have to be evidenced by a writing in order to be enforceable?

Clara types a letter to David 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 David wants to use the letter to satisfy the writing requirement, he may do so.

Most types of contracts are valid without being written.

On April 2, Derrick hires JoAnn to work for ten months starting on June 10.Does the employment contract have to be written? Explain.

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

Examples of unenforceable oral contracts are:

An example of language creating a suretyship as meant under the statute of frauds would be the following: "If my business partner does not write out the check for the supply bill for our company, I will."

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 promise is unenforceable unless in writing.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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