Exam 15: Contracts in Writing

A number of courts have used the doctrine of promissory estoppel to displace the requirement of a writing by enforcing oral contracts within the statute of frauds.

With regard to the interpretation of a contract,what priority is given to each of the following items? (a)Course of dealing (b)Usage of trade (c)Express terms (d)Course of performance

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.

Which of the following promises in consideration of marriage would be outside the statute of frauds?

ABC,Inc.calls the Widget Corporation of America to order 400 widgets at $2 a widget.Widget accepts the oral order and then sends out an order confirmation form,with the pre-printed name Widget Corporation of America on the top of the form.The form states that an order has been received for "300" widgets and that it will be filled promptly.

The UCC statute of frauds requires that the writing include all agreed-upon terms.

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

On March 20,Alan orally agrees to work for Trower,Inc.for a period of one year commencing on June 1.No writing is necessary here,because the contract can be performed within one year.

In determining the meaning of a contract,which of the following will have first priority?

The parol evidence rule applies only to integrated contracts,meaning those in which the parties have assented to the written agreement as the statement of the complete agreement between them.

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 oral promise is enforceable.

Which of the following is a collateral promise?

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

The UCC requires that all contracts for the sale of goods must be in writing or in proper electronic form.

Jim promises to marry Cynda if Cynda will buy him a new Ferrari for his birthday.If this promise is made orally,it is not enforceable.

In order to be sufficient,an agreement required to be written under the statute of frauds must be signed at the bottom and notarized.

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

June,executrix of Calvin's estate,promised Mr.Wentworth in writing that she would personally pay one of Calvin's debts to Wentworth Co.If June fails to pay,the written promise must be in existence at the time Wentworth Co.initiates a lawsuit so the writing can be produced as evidence.

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.