Exam 16: The Writing Requirement and Electronic Records

Oral evidence of the modification of a contract after its making can be introduced at a trial.

Under the Statute of Frauds,all contracts must be in writing to be enforceable.

The owners of Ngai Rice Valley Farms,Inc.,and Ozuru Markets,Ltd.,are citizens of countries that had ratified the Convention on Contracts for the International Sale of Goods.They enter into a contract for a sale of rice.To be enforceable,this contract

Larue buys an iPod for $150 and a new laptop for $1,200,and signs a one-year employment contract for a $4,800 monthly salary to start at the beginning of the next month.The Statute of Frauds covers

To be enforceable as a contract,a writing must have been signed by the party who seeks to enforce it.

An integrated contract is the complete and final statement of the terms of the agreement.

Whitewater Canyon Adventures,Inc.,and Xtra Overstock Company enter into an oral contract for Xtra's sale to Whitewater of five rafts for $2,000 each.Before Whitewater takes possession of the rafts,this contract is enforceable by

Raconteur Data Analysis Corporation in Seattle,Washington,offers a job to Trista,who lives in Utah.Trista orally agrees to work for Raconteur for two years.She moves her family to Seattle and begins work.Three months later,she is fired for no stated cause.She files a suit against Raconteur for reinstatement or pay.Raconteur pleads the lack of a written contract.In whose favor is the court likely to rule,and why

A contract that cannot,by its own terms,be performed within one year from the day after the contract is formed does not need to be in writing to be enforceable under the Statute of Frauds.

When one creditor guarantees a debtor's debt to another creditor to forestall litigation,the guaranty does not need to be in writing to be enforceable.

Fact Pattern 16-B1 (Questions B18-B19 apply) Alain and Brie sign a contract for the sale of Alain's Coffee Café to Brie.The parties intend their written contract to be a final statement of most,but not all,of the terms of their agreement-Alain must first buy the building from Developed Commercial Properties,Inc.,after which Alain and Brie will negotiate a price. -Refer to Fact Pattern 16-B1.Brie later disputes some of the provisions of the deal with Alain.If the dispute results in litigation,a court will most likely admit evidence of additional terms that are

Dinner Theater files a suit against Entertainers Agency,Inc.,to enforce a contract.The only written evidence of the contract is a memo on Entertainers's letterhead signed by Fiorello,a company officer.The contract can be enforced if the memo includes

Physicians Clinic orders by phone seven boxes of single-use latex gloves from Quality Medical Supplies,Inc.After three boxes are delivered and accepted,Physicians Clinic repudiates the contract.Quality Medical can enforce the contract to

In a transaction for the sale of an auto painting facility,Bright Auto Colors Company tells Custom Cars Corporation that the paints and other supplies on-site are included.The contract says nothing about the supplies on-site,but does state,"This document supersedes all oral promises relating to the sale." Are the supplies part of the sale Why or why not

Hal's True Hardware Stores and Ideal Tools,Inc.,sign a written contract for a sale of goods.To be enforceable,this written contract must include

A collateral promise is one made by a third party to assume the debts or obligations of a primary party to a contract if that party does not perform.

A primary obligation is a promise to pay another's debt only if that party fails to pay.

Every state has a statute that stipulates what types of contracts must be in writing.

The Statute of Frauds operates as a defense to the enforcement of an oral contract for the sale of land.

Unless a party against whom enforcement of an oral contract is sought admits under oath that a contract for sale was made,the contract will not be enforceable.