Exam 11: Written Contracts and Cyber-Commerce

Uncle Rodrick was deeply in debt when he died. His niece Evangeline became the administrator of his estate. She orally promised Rodrick's creditors that she would personally pay his debts if they would not publicize the fact that Rodrick died in debt. When Evangeline was unable to pay the debts, the creditors sued her. Will the creditors be legally able to collect from Evangeline?

Willy and Brogan, aged 16, enter into a written contract in which Brogan will sell his horse to Willy for $250. Before the sale is finalized, Brogan seeks to be released from the contract and wants to offer in-court oral testimony concerning his age. The admission of Brogan's testimony is most likely governed by the ______________________ rule.

Sagan is borrowing money from Big Bank. His friend Leda, who works for Graille Systems, signs the loan agreement promising to pay the debt if Sagan does not. In this scenario, ______________ is the obligee, and ____________ obligor.

An exception to the _____________ rule states that if a written agreement depends on some event before it becomes enforceable, __________________ evidence may be offered regarding that _____________________

The FACT Act focuses on contracts that involve the sale of computer software, multimedia products, and any other type of computer information.

The provisions of Article 2 of the Uniform Commercial Code apply when a cyber-agreement deals with the sale of goods.

On September 1^st, Wild Willy's Club orally gives an order to T-Shirts R Us Inc. for T-shirts worth $600. The T-shirts have the date and location of Wild Willy's annual Christmas party on December 15^th printed on them. In late October, Wild Willy's calls T-Shirts to cancel the order. T-Shirts has already processed the order and the T-shirts are ready to be shipped. Discuss in detail whether or not this oral order is enforceable once the T-shirts have been made.

The Statute of Frauds: ______________________.

Star Software Systems and Henry orally agree for Henry to write special accounting software. This software usually takes three years to complete, but can be done sooner. Does Henry have an enforceable legal agreement with Star?

Bernadette contracts in writing to sell Emily a flatbed trailer so that Emily's son can use the trailer as the base of a homecoming parade float on October 17. Bernadette knows all about the parade, but the written contract only requires Bernadette to deliver the trailer "in October" and Bernadette uses the trailer for her projects until October 20 when she tenders delivery to Emily. Emily refuses the trailer and refuses to pay the contract price since her son no longer needs it. Discuss in detail what evidence is admissible in a suit by Bernadette against Emily for breach of contract.

Which of the following is true of "click" fraud?

Some websites use "clickbot" software, which are capable of mechanically clicking on certain advertisements at programmed intervals. All of the major search engines have found themselves in litigation because of this new cyber-confidence game.

Joseph dies with no assets, but over $100,000 in personal debt. Joseph's daughter Samantha, who is very wealthy, is made executor of his estate. Joseph's creditors assert that Samantha must personally pay Joseph's debts because she is wealthy, Joseph's daughter and now the executor of his estate. Is Samantha liable?

A notary is required to read the document when providing acknowledgment of a signature.

Jennifer orally contracts to purchase a television for $450. This contract is legally unenforceable.

Emilio takes his unconscious friend Todd to the hospital. However, the hospital will admit Todd only if someone can promise to pay Todd's medical bills. Emilio orally promises to do so, and the hospital admits Todd. Discuss in detail whether or not this statement is legally binding on Emilio and/or Todd.

Donna entered into an oral contract with Ava to purchase a house from Ava, with $500 per month payments for the next 10 years. Donna moved into the house, remodeled it, and did extensive repairs. At the end of 10 years, Ava refused to convey title to the house to Donna and produced evidence at the resulting trial that the fair market rental value for the house averaged $800 per month over the 10-year period. Does Donna have an enforceable contract?

On September 1, Isabel contracts with Ned to sing at Ned's restaurant starting on October 1 and ending on October 15 of the following year. Discuss if this contract must be written and signed to be legally enforceable.

If the terms of a contract make it impossible to complete the agreement within one year, the contract must be in writing.

Charles only has a photocopy of his written contract with Jenny, and not the original. The photocopy is not generally acceptable as evidence in a trial concerning the contract.