Question 1

Set forth the eight exceptions to the parol evidence rule.

Accepted Answer

The exceptions are (1) contracts that ha

Question 2

"Not So Rich Uncle." Bruce is attempting to convince Sally 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. Sally reluctantly agrees, and they sign an agreement by which Bruce agrees to provide the Mercedes and world tour. Bruce and Sally marry on January 1. Unexpectedly, on March 1, Bruce's supposedly rich uncle, Frank, dies. Frank has no living relatives other than Bruce and has a will leaving everything to Bruce who is also appointed executor. In attempting to settle the estate, Bruce agrees orally to pay out of his own pocket debts of Frank totaling $10,000. Sally is concerned about Bruce's doing so. Bruce tells her not to worry because he will get all the money back when the estate settles. Bruce 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 Sally. Surprisingly, it later came to light that prior to his death Frank had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Bruce to inherit. Bruce disavowed his agreement to pay the $10,000 to various creditors of Frank.
-Which of the following is the most likely result of Bruce's attempt to avoid his agreement to pay creditors of the estate out of his own pocket?

Accepted Answer

A)  He will be able to avoid the agreement because it was not in writing. 
B)  He will be able to avoid the agreement because a promise to pay the debts of an estate would not come within the statute of frauds. 
C)  A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Bruce made will likely be enforceable under the substantial-purpose rule. 
D)  A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Bruce made will likely be enforceable under the main-purpose rule. 
E)  A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds; but regardless of whether the debtors can establish reliance, the oral agreement Bruce made will likely be enforceable because he admitted he had agreed to pay. 
A)  He will be able to avoid the agreement because it was not in writing. 
B)  He will be able to avoid the agreement because a promise to pay the debts of an estate would not come within the statute of frauds. 
C)  A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Bruce made will likely be enforceable under the substantial-purpose rule. 
D)  A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Bruce made will likely be enforceable under the main-purpose rule. 
E)  A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds; but regardless of whether the debtors can establish reliance, the oral agreement Bruce made will likely be enforceable because he admitted he had agreed to pay.

Question 3

What was the result in Stewart Lamle v. Mattel Inc., the case in the text in which the plaintiff claimed that in discussions Mattel agreed to a three-year license agreement to distribute a board game the plaintiff created, and that the agreement was confirmed by Mattel through an email, but that Mattel later wrongfully refused to enter into a written contract and follow through with the deal?

Accepted Answer

A)  That as a matter of law the oral agreement was not enforceable because there was no writing. 
B)  That it was up to a jury to decide if fairness mandated that Mattel be required to follow through with the admitted deal. 
C)  That it was up to a jury to decide matters including whether the parties intended to be bound by the oral agreement and whether an email contained the material terms of the oral contract. 
D)  That as a matter of law the parties intended to be bound by the oral agreement and that the email involved, sent by an agent of Mattel, contained the material terms of the oral contract thereby binding Mattel to the agreement. 
E)  That no writing was required because the agreement did not come within the statute of frauds. 
A)  That as a matter of law the oral agreement was not enforceable because there was no writing. 
B)  That it was up to a jury to decide if fairness mandated that Mattel be required to follow through with the admitted deal. 
C)  That it was up to a jury to decide matters including whether the parties intended to be bound by the oral agreement and whether an email contained the material terms of the oral contract. 
D)  That as a matter of law the parties intended to be bound by the oral agreement and that the email involved, sent by an agent of Mattel, contained the material terms of the oral contract thereby binding Mattel to the agreement. 
E)  That no writing was required because the agreement did not come within the statute of frauds.

Question 4

Which of the following is false regarding the statute of frauds?

Accepted Answer

A)  It relates to fraudulent contracts. 
B)  It does not address illegal contracts. 
C)  It does not exist at the federal level. 
D)  It requires that only certain contracts be in writing. 
E)  It is not a unitary government act. 
A)  It relates to fraudulent contracts. 
B)  It does not address illegal contracts. 
C)  It does not exist at the federal level. 
D)  It requires that only certain contracts be in writing. 
E)  It is not a unitary government act.

Question 5

A[n] ______ agreement is a clause parties include in a written agreement that states that the written agreement accurately reflects the final, complete version of the agreement.

Accepted Answer

A)  Adhesion 
B)  Complete 
C)  Parol 
D)  Merger 
E)  Consolidation 
A)  Adhesion 
B)  Complete 
C)  Parol 
D)  Merger 
E)  Consolidation

Question 6

"Courtroom Surprises." Wilma agrees to sell Wally her house for $200,000. Wilma, Wally, and the house are all located in Tennessee. She also orally agrees to sell her used car to Wally for $1,000. Wilma and Wally discuss the fact that the house needs some repairs. Wilma gives Wally a key and tells him to do whatever he wants with the house. In reliance on her promise to sell the house, Wally sells his home, gets a loan, and has a new roof put on Wilma's house because of leaks that needed to be repaired to prevent further damage. When presented with the written agreements of sale for the home and the car, however, Wilma refuses to sign either. Wally sues, and the case proceeds to trial. Wilma tells the judge in court under oath that she orally agreed to sell the house but that she changed her mind before signing and that she believes she has protection under the statute of frauds. She tells the judge that no agreement was ever made regarding the car and that she also has protection under the statute of frauds regarding that matter.

-Which of the following is true regarding Wally getting a loan and putting a new roof on the house?

Accepted Answer

A)  Wally should have known better, and his actions would be of no use to him in attempting to enforce the contract. 
B)  The judge would consider his actions under the UCC as exceptions to the parol evidence rule. 
C)  His actions would likely amount to promissory estoppel, which establishes an exception to the statute of frauds. 
D)  His actions would be considered as admissions. 
E)  His actions would be considered only because Wilma told the judge that she had orally agreed to the contract. 
A)  Wally should have known better, and his actions would be of no use to him in attempting to enforce the contract. 
B)  The judge would consider his actions under the UCC as exceptions to the parol evidence rule. 
C)  His actions would likely amount to promissory estoppel, which establishes an exception to the statute of frauds. 
D)  His actions would be considered as admissions. 
E)  His actions would be considered only because Wilma told the judge that she had orally agreed to the contract.

Question 7

"Not So Rich Uncle." Bruce is attempting to convince Sally 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. Sally reluctantly agrees, and they sign an agreement by which Bruce agrees to provide the Mercedes and world tour. Bruce and Sally marry on January 1. Unexpectedly, on March 1, Bruce's supposedly rich uncle, Frank, dies. Frank has no living relatives other than Bruce and has a will leaving everything to Bruce who is also appointed executor. In attempting to settle the estate, Bruce agrees orally to pay out of his own pocket debts of Frank totaling $10,000. Sally is concerned about Bruce's doing so. Bruce tells her not to worry because he will get all the money back when the estate settles. Bruce 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 Sally. Surprisingly, it later came to light that prior to his death Frank had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Bruce to inherit. Bruce disavowed his agreement to pay the $10,000 to various creditors of Frank.
-Which of the following is the appropriate term for the marriage agreement entered into between Bruce and Sally?

Accepted Answer

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

Question 8

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

Question 9

In some states a promise to pay a debt that has already been discharged in bankruptcy must be in writing in order to be enforceable.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is false regarding the parol evidence rule?

Accepted Answer

A)  The purpose of the rule is to prevent evidence that substantially contradicts an agreement in its written form. 
B)  The rule is a rule of evidence. 
C)  The rule relates to substantive legal issues. 
D)  The rule is not a unitary concept or rule. 
E)  The rule is an amalgamation of different rules and conditions. 
A)  The purpose of the rule is to prevent evidence that substantially contradicts an agreement in its written form. 
B)  The rule is a rule of evidence. 
C)  The rule relates to substantive legal issues. 
D)  The rule is not a unitary concept or rule. 
E)  The rule is an amalgamation of different rules and conditions.

Question 11

Which of the following parties must sign a document coming within the statute of frauds?

Accepted Answer

A)  The party against whom action is sought 
B)  The offeror only 
C)  The offeree only 
D)  Only a person who has agreed to pay the debt of another 
E)  Any party to the contract 
A)  The party against whom action is sought 
B)  The offeror only 
C)  The offeree only 
D)  Only a person who has agreed to pay the debt of another 
E)  Any party to the contract

Question 12

Which of the following is a type of contract that falls within the scope of the statute of frauds?

Accepted Answer

A)  Contracts whose terms prevent possible performance within one year 
B)  Contracts involving the provision of services 
C)  Contracts involving the provision of any goods 
D)  Contracts involving any debt 
E)  Contracts involving services in relation to computer equipment 
A)  Contracts whose terms prevent possible performance within one year 
B)  Contracts involving the provision of services 
C)  Contracts involving the provision of any goods 
D)  Contracts involving any debt 
E)  Contracts involving services in relation to computer equipment

Question 13

Which of the following is true regarding a signature on a document falling within the statute of frauds?

Accepted Answer

A)  There is no requirement of any signature of either party to satisfy the statute of frauds. 
B)  Any party required to sign must sign at the beginning of the document. 
C)  Any party required to sign must sign at the end of the document. 
D)  Any party required to sign must sign both at the end and at the beginning of the document. 
E)  So long as it is meant as a signature, a party required to sign may sign at any place on the document. 
A)  There is no requirement of any signature of either party to satisfy the statute of frauds. 
B)  Any party required to sign must sign at the beginning of the document. 
C)  Any party required to sign must sign at the end of the document. 
D)  Any party required to sign must sign both at the end and at the beginning of the document. 
E)  So long as it is meant as a signature, a party required to sign may sign at any place on the document.

Question 14

The ______ rule is a common law rule that addresses the admissibility of oral evidence as it relates to written contracts.

Accepted Answer

A)  Oral admissibility 
B)  Oral evidence 
C)  Parol evidence 
D)  Frauds evidence 
E)  Deficient evidence 
A)  Oral admissibility 
B)  Oral evidence 
C)  Parol evidence 
D)  Frauds evidence 
E)  Deficient evidence

Question 15

Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?

Accepted Answer

A)  Agreements regarding marriage in which one party is gaining something other than a return on his or her promise to marry are within the statute of frauds and must be in writing. 
B)  Mutual promises to marry fall within the statute of frauds. 
C)  Prenuptial agreements fall within the statute of frauds. 
D)  A prenuptial agreement is not automatically enforceable just because it is in writing. 
E)  When one party promises something to the other as part of an offer of marriage, the contract must be in writing to be enforceable. 
A)  Agreements regarding marriage in which one party is gaining something other than a return on his or her promise to marry are within the statute of frauds and must be in writing. 
B)  Mutual promises to marry fall within the statute of frauds. 
C)  Prenuptial agreements fall within the statute of frauds. 
D)  A prenuptial agreement is not automatically enforceable just because it is in writing. 
E)  When one party promises something to the other as part of an offer of marriage, the contract must be in writing to be enforceable.

Question 16

If a contract's terms require that modification be in writing, oral modifications are inadmissible and unenforceable.

Accepted Answer

A) True 
 B)False

Question 17

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

Question 18

Contracts related to an interest in land fall within the statute of frauds.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following are debts incurred in an initial contract?

Accepted Answer

A)  Secondary obligations 
B)  Primary obligations 
C)  Secondary promises 
D)  Collateral promises 
E)  Suretyship promises 
A)  Secondary obligations 
B)  Primary obligations 
C)  Secondary promises 
D)  Collateral promises 
E)  Suretyship promises

Question 20

What is a purpose of the parol evidence rule?

Accepted Answer

A)  To restrict oral evidence from being admitted that supports an agreement in its written form. 
B)  To restrict written evidence from being admitted that supports an agreement in its written form. 
C)  To restrict oral and written evidence from being admitted that supports an agreement in its written form. 
D)  To restrict hearsay from being admitted that supports or contradicts an agreement in its written form. 
E)  To restrict evidence from being admitted that substantially contradicts an agreement in its written form. 
A)  To restrict oral evidence from being admitted that supports an agreement in its written form. 
B)  To restrict written evidence from being admitted that supports an agreement in its written form. 
C)  To restrict oral and written evidence from being admitted that supports an agreement in its written form. 
D)  To restrict hearsay from being admitted that supports or contradicts an agreement in its written form. 
E)  To restrict evidence from being admitted that substantially contradicts an agreement in its written form.

Exam 18: Contracts in Writing

Set forth the eight exceptions to the parol evidence rule.

Which of the following is false regarding the statute of frauds?

A[n] ______ agreement is a clause parties include in a written agreement that states that the written agreement accurately reflects the final, complete version of the agreement.

In some states a promise to pay a debt that has already been discharged in bankruptcy must be in writing in order to be enforceable.

Which of the following is false regarding the parol evidence rule?

Which of the following parties must sign a document coming within the statute of frauds?

Which of the following is a type of contract that falls within the scope of the statute of frauds?

Which of the following is true regarding a signature on a document falling within the statute of frauds?

The ______ rule is a common law rule that addresses the admissibility of oral evidence as it relates to written contracts.

Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?

If a contract's terms require that modification be in writing, oral modifications are inadmissible and unenforceable.

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.

Contracts related to an interest in land fall within the statute of frauds.

Which of the following are debts incurred in an initial contract?

What is a purpose of the parol evidence rule?

An Introduction to Dynamic Business Law

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Product Liability

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Introduction to Contracts

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Title, Risk of Loss, and Insurable Interest

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