Exam 17: Writing, Electronic Forms, and Interpretation of Contracts

An oral contract containing a promise by an executor to pay estate debts from estate funds is:

The Uniform Commercial Code contains a statute of frauds rule relating to sales of personal property,specifically:

Jones and Clark entered into a written contract for the purchase of an apartment building by Clark.The contract was carefully drafted to set forth the agreement of the parties.It was signed by both parties.Clark subsequently claimed that the contract did not cover all the terms included in the written and oral agreements that the parties had made during their prior negotiations. Jones claimed that the parol evidence rule barred proof of all of their prior agreements.Which claim would be upheld in court?

Parol evidence may be admitted to show that a provision was omitted as the result of:

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 not binding because it was not properly signed.

The parol evidence rule may not apply if:

The parol evidence rule generally excludes words spoken before or at the time a written contract was executed from contradicting the terms of the contract.

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.

A contract is interpreted to give effect to:

When the statute of frauds applies and there is no written proof of the contract,the contract is:

A writing that satisfies the requirement of a writing under the statute of frauds could be evidenced by:

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

The past performance of the parties under a continuing contract is important in determining what the contract means.

The parol evidence rule generally precludes testimony that would contradict a complete written contract.

Parol evidence may be admissible to:

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

When a contract falls within the statute of frauds,the signatures of both parties must be shown to the court.

A writing required by the statute of frauds may be a signed note or memorandum.

The standard statute of frauds:

An oral contract to sell a house is binding if: