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

Seller and Buyer negotiate for the sale of 100 acres of land.They orally agree on a price of $100,000,with payment to be made within 10 days and the deed delivered within another 30 days.Buyer sends Seller a letter in which all these terms are included,along with a check for $100,000 that Seller deposits.Seller fails to deliver a deed,and Buyer seeks to enforce the contract.This contract is:

The "main purpose" or "leading object" exception is intended to ensure that the primary benefactor/guarantor of the contract is answerable for the debt or duty.

Promissory estoppel is a remedy at law.

A lease for more than a one-year term must comply with the Statute of Frauds.

The primary significance of requiring only the signature of the party "against whom enforcement is sought" under the Statute of Frauds is that:

A contract must be in writing under the Statute of Frauds if:

Under the Statute of Frauds,express easements must be in writing.

One night at a restaurant,Mark and Mary wrote up an agreement on a couple of napkins about a construction project whereby Mark would build a room addition to Mary's house.Mark said he would do this in exchange for Mary agreeing to marry him.It took two napkins because the agreement would not fit on a single napkin.On one of the napkins,it was stated that the addition would be built according to plans "that are drawn up on a yellow pad at Mary's house." Mark signed one of the napkins,but Mary signed neither.The contract price was $30,000.A few days later Mark saw the plans,which were more complex than he expected.He told Mary that he could not do the addition.Discuss Mark's claims that Mary did not sign the agreement,there is no sufficient writing,and that the parol evidence rule keeps the plans out of the agreement.

The Statute of Frauds does not apply to mortgage contracts.

In a guaranty arrangement,the guarantor:

The Statute of Frauds is generally raised by one party as a defense to the enforcement of the contract by the other party.

What is the purpose of the parol evidence rule? Would it be better to simply allow all parol evidence in as evidence and leave it up to the jury how much weight to give to the evidence? Would this be better than not allowing the jury to see the evidence at all? What advantages and disadvantages would there be to eliminating the parol evidence rule?

A symbol or mark may act as an individual's signature as per the Statute of Frauds and the UCC's requirement that a written contract must be signed by the party against whom enforcement is sought.

Two adults enter into an oral contract for the sale and purchase of some land.All material facts were disclosed by the seller to the buyer.Which is true?

In December,2001,Mark signs a written consulting agreement for the period of January,2002,through May,2003.The contract is going well,so on June 15,2002,the parties orally agree to extend the arrangement by 4 months through September 2003.In October 2002,the client tells Mark that the 4-month extension will not be honored.Under these circumstances:

If a judge rules that a party has lost its case because of the Statute of Frauds,the judge has essentially stated that:

A contract to provide a service to a person for the remainder of that person's life is not required to be in writing under the Statute of Frauds even if the services are to be provided to someone who is young and healthy.

A promise made in consideration of marriage need not be in writing under the Statute of Frauds.

Which of the following contracts is not required to be in writing under the Statute of Frauds?

What is "parol evidence?"