Exam 11: Written Contracts and Cyber-Commerce

The Fair and Accurate Credit Transactions Act: ____________________________.

UETA created a new set of legal rules governing electronic contracts.

The equal dignities rule provides that when a party appoints an agent to negotiate an agreement that must be in writing, the appointment of the agent must also be in writing.

Oral evidence cannot be used to clarify terms that are obscure in a written contract.

The administrator of an estate is a person named by the court, if none is named in a will.

Kay, who is quite elderly, uses a star (*) as her signature. In a written contract Kay's name is written, but on the signature line for Kay's name only the * that Kay made appears. Discuss whether or not the * binds Kay to the contract.

In June, the Daniels contracted with Twining to build a stone path leading from the road to their vacation home. They asked him to complete the job within 11 months. Explain whether Twining and the Daniels must enter into a written agreement for such a contract to be enforceable.

Catherine and Jacob have a written contract to buy and sell "100 cases of widgets." The 100 cases is a typo, so after signing the contract they orally agree to modify the contract to "1,000 cases of widgets." If later the parties are in litigation concerning the amount of widgets involved in the contract, can evidence of the oral change be introduced into evidence?

Under the ____________ rule, the courts generally accept into evidence only the original of a writing, not a copy.

Jones orally agreed to sell his iPad Air to McKay for $475. He tried later to back out of the deal on the grounds that the oral agreement was unenforceable. Discuss the case.

According to the Statute of Frauds, written agreements must always be signed by both parties.

According to the ___________________, whenever an ambiguous term, clause, or line is found in a prewritten contract, that ambiguity is interpreted against the party who wrote the contract.

Alice's attorney is preparing her will. Witnesses are required when Alice signs her will.

Matrix, Inc. is the general contractor of a large commercial building project. Matrix subcontracted with Acme Flooring, Inc. to have flooring installed throughout the building. When Matrix failed to make payments to Acme as agreed, Acme stopped working. Commercial Bank, the lender for the project, orally promised Acme that Commercial would pay whatever Matrix failed to pay Acme if Acme would resume work. Acme finished the flooring but was still not paid. Which of the following is true under the Statute of Frauds?

Under the parol evidence rule, evidence of oral statements made before signing a written agreement is admissible in court to change the terms of a written agreement.

Charles orally promises Holly that he will marry her. He also states that if they ever get divorced, then he will transfer one-half of his assets to Holly. They marry and divorce within a year. Which of the following is true of Charlie's promise to Holly?

Gabriel applies for a home loan. Mark signs the agreement promising to pay off the debt in case Gabriel fails to do so. In this case Mark is:

Late one evening Charles and Henry are discussing the purchase and sale of $2,500 of coffee shop equipment after an entrepreneurship class. They are in the classroom when Henry writes their agreement on the classroom whiteboard and both Henry and Charles sign it on the whiteboard. Discuss if this whiteboard document is sufficient to provide a binding written agreement.

Most oral contracts are valid.

Under contract law, facsimile signatures are always as valid as original signatures.