Question 1

Which of the following is a term for contracts within the statute of frauds involving promises to pay a debt of another if the initial party fails to pay?

Accepted Answer

A) Primary debts 
B) Primary promises 
C) Commercial promises 
D) Secondary obligations 
E) Third-party debts 
A) Primary debts 
B) Primary promises 
C) Commercial promises 
D) Secondary obligations 
E) Third-party debts

Question 2

Within the statute of frauds,"land" encompasses not only the land and soil itself but anything ________ to the land.

Accepted Answer

A) Attached 
B) Contracted 
C) Pertinent 
D) Relating 
E) Adjacent 
A) Attached 
B) Contracted 
C) Pertinent 
D) Relating 
E) Adjacent

Question 3

What did the appellate court rule in the case in the text,Power Entertainment Inc. ,et.al.v.National Football League Properties,Inc. ,involving the enforceability of an alleged oral agreement by which the plaintiff assumed a third party's debt owed to the defendant in return for the defendant transferring a licensing agreement to the plaintiff?

Accepted Answer

A) That the oral agreement fell outside the statute of frauds if the plaintiff satisfied the main purpose doctrine. 
B) That the oral agreement fell outside the statute of frauds if the plaintiff satisfied the parol evidence rule. 
C) That the plaintiff could recover as a matter of law because the statute of frauds does not apply to suretyship agreements. 
D) That the plaintiff was barred from recovery by the suretyship provision of the statute of frauds. 
E) That the plaintiff could recover because the original agreement between the third party and the defendant was in writing. 
A) That the oral agreement fell outside the statute of frauds if the plaintiff satisfied the main purpose doctrine. 
B) That the oral agreement fell outside the statute of frauds if the plaintiff satisfied the parol evidence rule. 
C) That the plaintiff could recover as a matter of law because the statute of frauds does not apply to suretyship agreements. 
D) That the plaintiff was barred from recovery by the suretyship provision of the statute of frauds. 
E) That the plaintiff could recover because the original agreement between the third party and the defendant was in writing.

Question 4

In the U.S. ,the requirements for what falls within the statue of frauds is expanding,while in England almost all their requirements for a writing have been repealed.

Accepted Answer

A) True 
 B)False

Question 5

Colin and Natalie orally agreed with Medical Center X for an in vitro fertilization procedure that would not result in the birth of an autistic child.They later signed a written contract stating that the medical center could not promise an absence of physical or mental defects and assumed no responsibility for such defects.The child conceived had autism.Which of the following is the most likely result of the parents' suit for breach of the oral agreement if the court follows the decision Scalisi et al.v.New York University Medical Center discussed in the text?

Accepted Answer

A) The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving evidence of prior dealings or usage of trade. 
B) The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts conditioned on orally agreed upon terms. 
C) The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are not final as they are part written and part oral. 
D) The medical center will prevail based upon the written contract. 
E) The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete. 
A) The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving evidence of prior dealings or usage of trade. 
B) The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts conditioned on orally agreed upon terms. 
C) The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are not final as they are part written and part oral. 
D) The medical center will prevail based upon the written contract. 
E) The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete.

Question 6

Parol evidence is admissible when a court deems a contract integrated.

Accepted Answer

A) True 
 B)False

Question 7

Kendra owns a sporting goods store.She is in court because of a breach of contract lawsuit against her supplier.One of the terms of the contract is ambiguous.Would the court likely permit Kendra to testify as to oral conversations about the ambiguous terms of the contract?

Accepted Answer

A) No,but she could provide additional writings. 
B) No,because there is a written contract. 
C) No,because it would modify the contract. 
D) Yes,but only to clarify the ambiguous contract terms. 
E) Yes,where ambiguous terms exist,she may provide oral evidence that modifies the contract. 
A) No,but she could provide additional writings. 
B) No,because there is a written contract. 
C) No,because it would modify the contract. 
D) Yes,but only to clarify the ambiguous contract terms. 
E) Yes,where ambiguous terms exist,she may provide oral evidence that modifies the contract.

Question 8

Which of the following statements is true about the likelihood of the secondary obligations being enforced?

Accepted Answer

A) The agreement could be enforced against Lottie and Marcus' father. 
B) Marcus' father did not sign a writing,so the agreement cannot be enforced against him under any circumstances. 
C) The agreements could be enforced against Jeb and Marcus' father. 
D) All of the agreements can be enforced because they are secondary obligations. 
E) Since Lottie and Jeb signed agreements,those obligations could be enforced. 
A) The agreement could be enforced against Lottie and Marcus' father. 
B) Marcus' father did not sign a writing,so the agreement cannot be enforced against him under any circumstances. 
C) The agreements could be enforced against Jeb and Marcus' father. 
D) All of the agreements can be enforced because they are secondary obligations. 
E) Since Lottie and Jeb signed agreements,those obligations could be enforced.

Question 9

Which of the following is not a type of contract within the statute of frauds that concerns a promise to pay a debt?

Accepted Answer

A) Suretyship promise. 
B) Promissory estoppel. 
C) Secondary promise. 
D) Collateral promise. 
E) Secondary obligation. 
A) Suretyship promise. 
B) Promissory estoppel. 
C) Secondary promise. 
D) Collateral promise. 
E) Secondary obligation.

Question 10

What is necessary in order to satisfy the UCC's requirement for a written document?

Accepted Answer

A) The contract or memorandum needs to state the price of the goods,the quality of the goods,and also the quantity to be sold. 
B) The contract or memorandum needs only to state the quantity to be sold. 
C) The contract or memorandum needs to state the price of the goods and the quality of the goods,but not the quantity to be sold. 
D) The contract or memorandum needs only to state the price of the goods. 
E) The contract or memorandum needs only to state the quality of the goods. 
A) The contract or memorandum needs to state the price of the goods,the quality of the goods,and also the quantity to be sold. 
B) The contract or memorandum needs only to state the quantity to be sold. 
C) The contract or memorandum needs to state the price of the goods and the quality of the goods,but not the quantity to be sold. 
D) The contract or memorandum needs only to state the price of the goods. 
E) The contract or memorandum needs only to state the quality of the goods.

Question 11

A[n] agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

Accepted Answer

A) Prenuptial 
B) Approved 
C) Preliminary 
D) Planned 
E) Arranged 
A) Prenuptial 
B) Approved 
C) Preliminary 
D) Planned 
E) Arranged

Question 12

[Not So Rich Uncle] Gabriel is attempting to convince Rachel to marry him.He promises her that if she will marry him,he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date.Rachel agrees,and they sign an agreement by which Gabriel agrees to provide the Mercedes and world tour.Gabriel and Rachel marry on January 1.Unexpectedly,on March 1,Gabriel's supposedly rich uncle,Leo,dies.Leo has no living relatives other than Gabriel and has a will leaving everything to Gabriel who is also appointed executor.In attempting to settle the estate,Gabriel agrees orally to pay out of his own pocket debts of Leo totaling $10,000.Rachel is concerned about Gabriel's doing so.Gabriel tells her not to worry because he will get all the money back when the estate settles.Gabriel admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry and did not want anything to slow down probate.The assets were needed in large part to satisfy his obligations to Rachel.Surprisingly,it later came to light that prior to his death Leo had signed away all his assets to his girlfriend in Argentina.There was nothing left in the estate for Gabriel to inherit.Gabriel disavowed his agreement to pay the $10,000 to various creditors of Leo.
-The marriage agreement between Gabriel and Rachel is known as what kind of agreement?

Accepted Answer

A) Marriage consideration agreement 
B) Marital solution agreement 
C) Marriage acknowledgement agreement 
D) Prenuptial agreement 
E) Marital dissolution agreement 
A) Marriage consideration agreement 
B) Marital solution agreement 
C) Marriage acknowledgement agreement 
D) Prenuptial agreement 
E) Marital dissolution agreement

Question 13

In the "parol evidence rule," what does the term "parol" mean?

Accepted Answer

A) Oral speech as opposed to written words 
B) Written words as opposed to oral speech 
C) Signature required 
D) Words establishing penalties 
E) Speech or words,specifically words outside the original writing 
A) Oral speech as opposed to written words 
B) Written words as opposed to oral speech 
C) Signature required 
D) Words establishing penalties 
E) Speech or words,specifically words outside the original writing

Question 14

Which of the following contracts would fall within the statute of frauds and therefore requires a writing?

Accepted Answer

A) On June 15,Luigi hires Vela to work for him for one year,starting the next day 
B) On June 15,Luigi hires Vela to work for him for one year,starting July 1. 
C) On June 15,Luigi hires Vela to work for him for six months,starting November 1. 
D) On June 15,Luigi hires Vela to work for him for six months,starting December 15. 
E) On June 15,Luigi hires Vela to work for him for one year,starting immediately. 
A) On June 15,Luigi hires Vela to work for him for one year,starting the next day 
B) On June 15,Luigi hires Vela to work for him for one year,starting July 1. 
C) On June 15,Luigi hires Vela to work for him for six months,starting November 1. 
D) On June 15,Luigi hires Vela to work for him for six months,starting December 15. 
E) On June 15,Luigi hires Vela to work for him for one year,starting immediately.

Question 15

Whenever a written agreement under the statute of frauds contains a serious,and obvious,typographical error,parol evidence is admissible to demonstrate that the error was indeed an error,as well as to set forth the proper term.

Accepted Answer

A) True 
 B)False

Question 16

Regarding Gabriel's promises to Rachel of a Mercedes and a trip,which of the following is true?

Accepted Answer

A) The promises fall within the statute of frauds. 
B) The promises do not fall within the statute of frauds because they involve material matters,not matters involving home and children. 
C) The promises would have fallen within the statute of frauds in earlier times in history,but would not fall within the statute of frauds in this day and time. 
D) The promises do not fall within the statute of frauds unless Rachel can prove that she would not have married Gabriel without the assurance of the Mercedes and the trip. 
E) The promises fall within the statute of frauds unless Gabriel can prove that Rachel would have married him without the assurance of the Mercedes and the trip. 
A) The promises fall within the statute of frauds. 
B) The promises do not fall within the statute of frauds because they involve material matters,not matters involving home and children. 
C) The promises would have fallen within the statute of frauds in earlier times in history,but would not fall within the statute of frauds in this day and time. 
D) The promises do not fall within the statute of frauds unless Rachel can prove that she would not have married Gabriel without the assurance of the Mercedes and the trip. 
E) The promises fall within the statute of frauds unless Gabriel can prove that Rachel would have married him without the assurance of the Mercedes and the trip.

Question 17

All parties to a contract must sign the writing in order for the statute of frauds to be satisfied.

Accepted Answer

A) True 
 B)False

Question 18

A[n] is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

Accepted Answer

A) Interrogatory 
B) Submission 
C) Deposition 
D) Admission 
E) Confirmation 
A) Interrogatory 
B) Submission 
C) Deposition 
D) Admission 
E) Confirmation

Question 19

On February 1,Dorian Winn,a publisher,hires Travis to write twenty books of a novel-series,each over a thousand pages long.Travis laughs,saying that it could take a year just to write one of the books.Travis also says that the oral contract for the project wouldn't be valid anyway.Is Travis correct?

Accepted Answer

A) Yes,if it is over $500. 
B) Yes,because even if he worked around the clock for a year,it is highly unlikely the contract can be performed within a year. 
C) No,because contracts that cannot be performed within a year are outside the statute of frauds. 
D) No,because even though highly unlikely,the project can theoretically be completed within one year and does not have to be in writing. 
E) Yes,because contracts that cannot be performed within a year fall within the statute of frauds and must be in writing. 
A) Yes,if it is over $500. 
B) Yes,because even if he worked around the clock for a year,it is highly unlikely the contract can be performed within a year. 
C) No,because contracts that cannot be performed within a year are outside the statute of frauds. 
D) No,because even though highly unlikely,the project can theoretically be completed within one year and does not have to be in writing. 
E) Yes,because contracts that cannot be performed within a year fall within the statute of frauds and must be in writing.

Question 20

Under the Agent Negotiation rule,if a contract falls within the statute of frauds if negotiated by one person,it must also be in writing even if negotiated by the person's agent.

Accepted Answer

A) True 
 B)False

Exam 18: Contracts in Writing

Which of the following is a term for contracts within the statute of frauds involving promises to pay a debt of another if the initial party fails to pay?

Within the statute of frauds,"land" encompasses not only the land and soil itself but anything ________ to the land.

In the U.S. ,the requirements for what falls within the statue of frauds is expanding,while in England almost all their requirements for a writing have been repealed.

Parol evidence is admissible when a court deems a contract integrated.

Kendra owns a sporting goods store.She is in court because of a breach of contract lawsuit against her supplier.One of the terms of the contract is ambiguous.Would the court likely permit Kendra to testify as to oral conversations about the ambiguous terms of the contract?

Which of the following statements is true about the likelihood of the secondary obligations being enforced?

Which of the following is not a type of contract within the statute of frauds that concerns a promise to pay a debt?

What is necessary in order to satisfy the UCC's requirement for a written document?

A[n] agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

In the "parol evidence rule," what does the term "parol" mean?

Which of the following contracts would fall within the statute of frauds and therefore requires a writing?

Whenever a written agreement under the statute of frauds contains a serious,and obvious,typographical error,parol evidence is admissible to demonstrate that the error was indeed an error,as well as to set forth the proper term.

Regarding Gabriel's promises to Rachel of a Mercedes and a trip,which of the following is true?

All parties to a contract must sign the writing in order for the statute of frauds to be satisfied.

A[n] is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

Under the Agent Negotiation rule,if a contract falls within the statute of frauds if negotiated by one person,it must also be in writing even if negotiated by the person's agent.

An Introduction to Dynamic Business Law

Business Ethics

The Uslegal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title,risk of Loss,and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, holder in Due Course, and Defenses

Liability, defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, officers, and Shareholders

Corporations: Mergers, consolidations, terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

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