Exam 16: Writing, Electronic Forms, and Interpretation of Contracts

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A note or memorandum does not have to contain all the essential terms of the contract to be valid.

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False

The parol evidence rule may not apply if:

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A

Any of the following could satisfy the requirement of a writing under the statute of frauds except:

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D

An oral agreement to supply a line of credit for two (2) years cannot be enforced because of the statute of frauds.

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An oral understanding is not binding if:

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In the absence of a statute requiring a writing, a contract may be oral or written.

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An insurance company cannot refuse to pay the fire loss of the buyer of a house on the grounds that the sales contract for the house was signed by electronic signature.

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The statute of frauds applies to:

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If words and numbers contradict each other in a contract, the rule of construction favors the words.

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Customs and trade usage can override the express provisions of a contract.

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The statute of frauds applies to promises to answer for another party's debt, but does not apply to a promise to answer for another party's default.

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The parol evidence rule does not apply to changes made after the signing of the contract.

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Through incorporation by deference, a contract can consist of both the original document and the detailed statement that is incorporated in it.

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Because contracts are legally binding agreements, they must be in writing to be enforceable.

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A person who is prevented from enforcing a contract because of the statute of frauds also is prevented from recovering the value of services, property, or money furnished the other party to the oral contract.

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A court can imply details of a performance which are not expressly stated in a contract.

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Suzy Anders enters into an oral contract to purchase a tract of land from Bill Hermes.The land is considered worthless, but Anders feels that she has discovered a possible usage that would drastically increase the value of the land.To assure herself of the potential value of the land, Anders orally hires an attorney to investigate the title and records associated with the land in question.Before gaining any information from her attorney, Anders orally contracts with a builder to construct a huge building on the site.Because of the size of the project, a completion time is difficult to predict.Anders now discovers that the land is indeed useless, a fact that she obtains through information from her attorney.?Anders now refuses to honor her contracts with Hermes, her attorney, and the builder.Must Anders honor her contractual agreements?

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When interpreting an integrated contract, a court will exclude parol evidence in all of the following cases except:

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When a person has performed services under an oral contract that cannot be enforced because of the statute of frauds, such person:

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Under the statute of frauds, an oral contract must be completed within one year after performance begins.

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