Question 1

Which of the following is not true about the Statute of Frauds?

Accepted Answer

A) One purpose is to preserve evidence where there might be a question about the terms of a contract long after the contract is entered into. 
B) One purpose is to make parties think seriously about contracts that they might not otherwise seriously consider the potential consequences of. 
C) A promise to marry someone must be in writing in order to be enforceable. 
D) Prenuptial agreements must be in writing in order to be enforceable. 
A) One purpose is to preserve evidence where there might be a question about the terms of a contract long after the contract is entered into. 
B) One purpose is to make parties think seriously about contracts that they might not otherwise seriously consider the potential consequences of. 
C) A promise to marry someone must be in writing in order to be enforceable. 
D) Prenuptial agreements must be in writing in order to be enforceable.

Question 2

Generally speaking,an oral contract that the Statute of Frauds requires to be in writing is voidable.

Accepted Answer

A) True 
 B)False

Question 3

Mandy enters a written agreement to rent a motor home for six days.Persons under age 25 are not permitted to drive it under terms of the written agreement.Mandy calls the rental company on the third day and asks if Dave,age 23,can drive it.The rental company says Dave can drive it if Mandy pays an extra $10 per day when he returns the motor home.When Dave drives in to return the motor home,the rental company refuses to return the $500 deposit because the written contract says any breach of the contract will result in the forfeiture of the entire damage deposit.Which is true?

Accepted Answer

A) Mandy loses because of the parol evidence rule. 
B) Mandy loses because he had not yet paid the $10 extra per day. 
C) Mandy wins because the parol evidence does not apply. 
D) Mandy loses because of the Statute of Frauds. 
A) Mandy loses because of the parol evidence rule. 
B) Mandy loses because he had not yet paid the $10 extra per day. 
C) Mandy wins because the parol evidence does not apply. 
D) Mandy loses because of the Statute of Frauds.

Question 4

The Statute of Frauds may not be used as a defense to an already executed oral contract.

Accepted Answer

A) True 
 B)False

Question 5

A signed written contract states that "Sam will pay $900 for Skitravel to provide a week of skiing that includes lift tickets Sunday through Wednesday at Vail and Thursday through Saturday at Aspen.Skitravel will provide seven nights of lodging: Sunday,Monday,and Tuesday at Vail Hotel and Thursday,Friday,and Saturday at Aspen Lodge." The written contract failed to mention where Wednesday night accommodations would be.Which of the following statements,all made before this contract was signed,could be admitted into evidence?

Accepted Answer

A) "Wednesday night the accommodations will be at Vail Hotel." 
B) "Saturday you will stay at the Westin Hotel in Aspen." 
C) "Group lesson fees are included if you want lessons." 
D) Because these statements are not in writing,none can be admitted into evidence. 
A) "Wednesday night the accommodations will be at Vail Hotel." 
B) "Saturday you will stay at the Westin Hotel in Aspen." 
C) "Group lesson fees are included if you want lessons." 
D) Because these statements are not in writing,none can be admitted into evidence.

Question 6

The exception to the Statute of Frauds,which allows an oral contract for the transfer of land to be enforced,if the buyer has either paid for the land or taken possession of the land is called the _________ exception.

Accepted Answer

A) parol evidence 
B) equal dignity 
C) promissory estoppel 
D) part performance 
E) novation 
A) parol evidence 
B) equal dignity 
C) promissory estoppel 
D) part performance 
E) novation

Question 7

Which of the following is not a general rule of contract interpretation?

Accepted Answer

A) Ordinary words are given their ordinary dictionary definition. 
B) Specific terms qualify or override general terms. 
C) Handwritten terms prevail over printed terms. 
D) Ambiguities in a contract are resolved in favor of the party who drafted the contract. 
A) Ordinary words are given their ordinary dictionary definition. 
B) Specific terms qualify or override general terms. 
C) Handwritten terms prevail over printed terms. 
D) Ambiguities in a contract are resolved in favor of the party who drafted the contract.

Question 8

Prior to signing a written agreement for hotel accommodations that provided for no refunds,the hotel manager stated to the guest,"We will give refunds if you have a good reason." Assuming that there was no fraud on the part of the hotel:

Accepted Answer

A) The guest can introduce evidence of the oral statement to prove her entitlement to a refund. 
B) The oral statement will take precedence over the terms of the written agreement. 
C) The oral statement will be ignored by a court. 
D) The contract is against public policy because of its mixture of oral and written terms. 
A) The guest can introduce evidence of the oral statement to prove her entitlement to a refund. 
B) The oral statement will take precedence over the terms of the written agreement. 
C) The oral statement will be ignored by a court. 
D) The contract is against public policy because of its mixture of oral and written terms.

Question 9

What does the "equal dignity rule" require?

Accepted Answer

A) That contracts for the sale of goods over a certain dollar amount be in writing. 
B) Consideration to support a contract. 
C) That the writing required by the Statute of Frauds meet certain requirements. 
D) That an offer and an acceptance be mirror images of each other. 
E) That the contract of an agent to sell property covered by the Statute of Frauds must be in writing for the sale of the property to be enforceable. 
A) That contracts for the sale of goods over a certain dollar amount be in writing. 
B) Consideration to support a contract. 
C) That the writing required by the Statute of Frauds meet certain requirements. 
D) That an offer and an acceptance be mirror images of each other. 
E) That the contract of an agent to sell property covered by the Statute of Frauds must be in writing for the sale of the property to be enforceable.

Question 10

The Statute of Frauds:

Accepted Answer

A) Makes certain contracts illegal if they are not in writing. 
B) Makes contracts covered by it voidable. 
C) Is designed to protect minors from being taken advantage of. 
D) Makes certain contracts unenforceable if they are not in writing. 
A) Makes certain contracts illegal if they are not in writing. 
B) Makes contracts covered by it voidable. 
C) Is designed to protect minors from being taken advantage of. 
D) Makes certain contracts unenforceable if they are not in writing.

Question 11

The Statute of Frauds requires that certain types of contracts:

Accepted Answer

A) Be in writing in order to be valid. 
B) Be in writing in order to be enforceable. 
C) Contain a promise for an act. 
D) Have two or more attorneys present at the signing of a written contract. 
A) Be in writing in order to be valid. 
B) Be in writing in order to be enforceable. 
C) Contain a promise for an act. 
D) Have two or more attorneys present at the signing of a written contract.

Question 12

A contract to provide services from February 1,2007,to November 25,2007,that was signed on September 15,2003,is required to be in writing under the Statute of Frauds.

Accepted Answer

A) True 
 B)False

Question 13

Jack and Jill were discussing business over lunch when they agreed on the sale of some goods.Because neither of them had any paper handy,Jack wrote the following on a napkin: "Jill agrees to purchase from Jack,1,000 widgets to be delivered on July 1,2001,at a cost of $10,000,payable on delivery." Jill signed the napkin,although Jack did not sign it.Jack delivered the widgets per the contract,but Jill refuses to pay for them.If Jack sues Jill for the price of the goods,the most likely result is:

Accepted Answer

A) Jill will win because this writing is not sufficient under the Statute of Frauds. 
B) Jack will win because the writing is sufficient under the Statute of Frauds. 
C) Jill will win because Jack did not sign the contract. 
D) Jack will win because the Statute of Frauds does not apply to this situation. 
A) Jill will win because this writing is not sufficient under the Statute of Frauds. 
B) Jack will win because the writing is sufficient under the Statute of Frauds. 
C) Jill will win because Jack did not sign the contract. 
D) Jack will win because the Statute of Frauds does not apply to this situation.

Question 14

Fixtures,such as cabinets,start out as personal property but become part of the real estate when they are attached to the wall.

Accepted Answer

A) True 
 B)False

Question 15

Beth was negotiating for the purchase of a used car from Sue.Sue told Beth that Sue would fix any problems with the drivetrain that arose in the first 1,000 miles.After further negotiation,they signed a written agreement that provided that the sale was made "as is,without any warranties." After driving the car for 400 miles,the antilock brake system failed.Sue denied having made the repair promise.But she said she would cover $200 of the repair costs.Beth then took the car to be repaired at a cost of $487.Beth now wants to recover the full repair costs from Sue.Sue refuses to pay any amount.Discuss the issues that would arise in this case.

Accepted Answer

The statement about making repairs for 1

Question 16

If Fred cannot finish building a 20-story hotel by the contract's own terms within one year of its formation,the contract must be in writing.

Accepted Answer

A) True 
 B)False

Question 17

The part performance exception to the Statute of Frauds applies only to guaranty contracts.

Accepted Answer

A) True 
 B)False

Question 18

The UCC does not allow the integration of writings to form a single contract.

Accepted Answer

A) True 
 B)False

Question 19

Parol evidence can be admitted regarding additions to contracts,so long as they are reasonable.

Accepted Answer

A) True 
 B)False

Question 20

The parol evidence rule prohibits any evidence outside the "four corners" of the written contract from being used to supplement or explain that contract.

Accepted Answer

A) True 
 B)False

Which of the following is not true about the Statute of Frauds?

Generally speaking,an oral contract that the Statute of Frauds requires to be in writing is voidable.

The Statute of Frauds may not be used as a defense to an already executed oral contract.

The exception to the Statute of Frauds,which allows an oral contract for the transfer of land to be enforced,if the buyer has either paid for the land or taken possession of the land is called the _________ exception.

Which of the following is not a general rule of contract interpretation?

Prior to signing a written agreement for hotel accommodations that provided for no refunds,the hotel manager stated to the guest,"We will give refunds if you have a good reason." Assuming that there was no fraud on the part of the hotel:

What does the "equal dignity rule" require?

The Statute of Frauds:

The Statute of Frauds requires that certain types of contracts:

A contract to provide services from February 1,2007,to November 25,2007,that was signed on September 15,2003,is required to be in writing under the Statute of Frauds.

Fixtures,such as cabinets,start out as personal property but become part of the real estate when they are attached to the wall.

If Fred cannot finish building a 20-story hotel by the contract's own terms within one year of its formation,the contract must be in writing.

The part performance exception to the Statute of Frauds applies only to guaranty contracts.

The UCC does not allow the integration of writings to form a single contract.

Parol evidence can be admitted regarding additions to contracts,so long as they are reasonable.

The parol evidence rule prohibits any evidence outside the "four corners" of the written contract from being used to supplement or explain that contract.

Nature of Traditional and Online Contracts

Agreement

Consideration and Equity

Capacity and Legality

Genuineness of Assent

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

E-Contracts and Internet Law

Formation of Sales and Lease Contracts

Performance of Sales and Lease Contracts

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Relationship of Tort Law to Contract Law

Special Forms of Contracts

Filters

Exam 6: Writing,formality,and E-Commerce Signature Law

Which of the following is not true about the Statute of Frauds?

Generally speaking,an oral contract that the Statute of Frauds requires to be in writing is voidable.

The Statute of Frauds may not be used as a defense to an already executed oral contract.

The exception to the Statute of Frauds,which allows an oral contract for the transfer of land to be enforced,if the buyer has either paid for the land or taken possession of the land is called the _________ exception.

Which of the following is not a general rule of contract interpretation?

Prior to signing a written agreement for hotel accommodations that provided for no refunds,the hotel manager stated to the guest,"We will give refunds if you have a good reason." Assuming that there was no fraud on the part of the hotel:

What does the "equal dignity rule" require?

The Statute of Frauds:

The Statute of Frauds requires that certain types of contracts:

A contract to provide services from February 1,2007,to November 25,2007,that was signed on September 15,2003,is required to be in writing under the Statute of Frauds.

Fixtures,such as cabinets,start out as personal property but become part of the real estate when they are attached to the wall.

If Fred cannot finish building a 20-story hotel by the contract's own terms within one year of its formation,the contract must be in writing.

The part performance exception to the Statute of Frauds applies only to guaranty contracts.

The UCC does not allow the integration of writings to form a single contract.

Parol evidence can be admitted regarding additions to contracts,so long as they are reasonable.

The parol evidence rule prohibits any evidence outside the "four corners" of the written contract from being used to supplement or explain that contract.

Nature of Traditional and Online Contracts

Agreement

Consideration and Equity

Capacity and Legality

Genuineness of Assent

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

E-Contracts and Internet Law

Formation of Sales and Lease Contracts

Performance of Sales and Lease Contracts

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Relationship of Tort Law to Contract Law

Special Forms of Contracts

Filters