Deck 10: The Requirement of Writing

Question 1

Which of the following is NOT a condition that must be satisfied before a court will accept part performance of a contract as evidence of the contract in place of the written contract?

A) The acts of performance must not be ambiguous and capable of being explained as part of a different contract.
B) The act of performance must disclose all the terms of the contract.
C) The plaintiff must perform the acts and, if the contract is enforced, must suffer a loss by the performance of those acts.
D) The acts of performance must clearly suggest the existence of a contract respecting the land in question.
E) The contract must be one concerning land.

Answer 1

B

Question 2

Under the Statute of Frauds a "promise to answer for the miscarriage of another" has been interpreted to mean

A) a promise to perform a contract that has been breached by another.
B) a promise to settle a debt owed by another.
C) a promise to pay for goods not paid for by a purchaser.
D) B & C
E) a promise to pay for the injury caused by the tort of another.

Answer 2

E

Question 3

The Statute of Frauds

A) is an English law that does not apply in Canada.
B) renders unenforceable certain types of contracts unless they are in writing.
C) requires the contracts with minors be in writing.
D) prevents contracts with minors.
E) renders unenforceable contracts with minors.

Answer 3

B

Question 4

A guarantee is

A) a promise to add one's signature to a legal document.
B) a promise to pay only if the debtor defaults.
C) a promise to purchase goods.
D) a promise to enter into an agreement when a debtor defaults.
E) a promise to be primarily liable for the debt of a debtor.

Question 5

Which of the following is not a reason for the parties to reduce their contract into writing?

A) It is better to trust a written record.
B) The parties will be more civil to each other.
C) Human memory is fallible.
D) It is good business practice for the provisions of a contract to be certain.
E) Disputes are avoided by keeping accurate records.

Question 6

The Statute of Frauds is a law that was passed to

A) prevent fraud in transactions involving the purchase and sale of land.
B) provide some relief to third parties who have been affected by fraudulent contracts.
C) resolve situations concerning fraudulent contracts.
D) prevent in offers and acceptances.
E) provide some relief to offerees who are induced into entering fraudulent transactions.

Question 7

Which of the following is NOT one of the kinds of conduct that must be established by a party who seeks to enforce an agreement, under the Sale of Goods Act, that is not in writing?

A) actual receipt of the goods by the buyer
B) something by way of earnest given by the buyer to the seller
C) part payment tendered by the buyer and accepted by the seller
D) the provision of consideration
E) acceptance by the buyer

Question 8

The doctrine of part performance as it relates to the Statute of Frauds means that

A) a defendant who partly performs an oral contract is entitled to enforce the oral contract.
B) a plaintiff who partly performs an oral contract is entitled to rely on such performance as evidence of the contract.
C) if a plaintiff can show that he has partly performed an oral contract concerning land in reliance on the contract, the court will accept the part performance as evidence of the contract in place of the written contract.
D) if a plaintiff can show that he has performed part of any oral contract, the court will accept such part performance as evidence of the contract in place of the written contract.
E) if the plaintiff can show that it has partly performed a contract, then the defendant will have to pay for the portion of the contract performed.

Question 9

Which of the following is outside the scope of the Statute of Frauds?

A) A promise to be secondarily liable for the debt of another.
B) A promise to be primarily liable for the debt of another.
C) Contracts concerning interests in land.
D) A promise to pay damages for the injury caused by the tort of another.
E) An agreement not to be performed within a year.

Question 10

The substance of a contract may have a variety of

A) parties.
B) forms.
C) statutes.
D) attributes.
E) beneficiaries.

Question 11

Which of the following statements is true in respect of the Statute of Frauds?

A) it applies to all construction contracts
B) it is in effect in all Canadian provinces
C) it is in effect in most Canadian provinces
D) it is in effect in all common law jurisdictions
E) B and D are true

Question 12

Acceptance under the Sale of Goods Act means

A) conduct by the buyer to accept the offer made by the seller.
B) accepting the goods.
C) any conduct by the buyer in relation to the goods that amounts to a recognition of the existence of a contract.
D) an unconditional willingness to enter into an agreement with the seller on terms specified.
E) accepting the terms of the contract of sale.

Question 13

The form of contract includes the following

A) contracts whose terms are entirely oral.
B) contracts whose terms are entirely in writing in one document.
C) contracts whose terms are entirely in writing in several documents.
D) contracts whose terms are both oral and in writing.
E) all of the above

Question 14

George owes Michael Moneybags $1000. Susan, George's sister, goes to Michael Moneybags and makes this statement, "if my brother is unable to pay, I shall make payment." Susan's statement is

A) a promise of indemnity.
B) a promise of guarantee.
C) a misrepresentation.
D) a representation.
E) a promise of indemnity and a promise of guarantee.

Question 15

It is good business practice of have a written record of a contract because

A) a written record is more accurate that human memory.
B) many disputes can be avoided by keeping an accurate record.
C) provisions of long term contracts will not have to be committed to memory.
D) human memories are fallible.
E) all of the above

Question 16

An unenforceable contract is

A) a contract that the plaintiff can enforce but the defendant cannot.
B) a void contract.
C) a contract that is voidable.
D) a contract that the defendant can enforce but the plaintiff cannot.
E) a contract that exists for other purposes, but neither party can obtain a remedy under the contract.

Question 17

John drives his car into the home of Jack causing extensive damage. James, John's brother, goes to Jack and makes the following statement. "I'll pay for the damage caused by my client if he is unable to pay you." Which of the following is true?

A) James statement is a promise of guarantee.
B) James' statement does not have to be in writing to be enforceable.
C) James' statement has to be in writing to be enforceable.
D) B & C
E) A & C

Question 18

A distinction must always be drawn between the substance of a contract and its

A) parties.
B) principles.
C) benefits.
D) beneficiaries.
E) form.

Question 19

George owes Michael Moneybags $1000. Susan, George's sister goes to Michael Moneybags and makes this statement, "I shall pay the debt of my brother." This statement is

A) a promise of guarantee.
B) a misrepresentation.
C) a promise of indemnity.
D) a promise of guarantee and indemnity.
E) a representation.

Question 20

In respect of a contract to which the Statute of Frauds applies, which of the following is NOT true?

A) both parties must sign the contract
B) the defendant must sign the contract
C) the essential elements of the contract must be in writing
D) the contract must be under seal
E) A and D

Question 21

The effect of the Statute of Frauds is to

A) preclude all fraudulent contracts.
B) render certain types of contracts unenforceable because of fraud.
C) render certain types of contracts unenforceable unless they are in writing.
D) render all contracts that are not in writing void for fraud.
E) guarantee all contracts that are in writing.

Question 22

Mary tells John, "I shall pay the debt my sister owes you." This statement is a promise of guarantee.

Question 23

When a contract is oral, the first task of a court is to determine what the parties agreed to.

Question 24

When a contract is wholly oral, the first problem of the court is

A) to speak to the parties.
B) read the contract.
C) to determine the liberal meaning of the words.
D) to determine what exactly the parties agreed to.
E) to determine the dictionary meaning of the provisions.

Question 25

Under the Statute of Frauds, all contracts involving over $10,000 must be in writing.

Question 26

A promise of guarantee and promise of indemnity mean the same thing.

Question 27

The doctrine of part performance, as it relates to the Statute of Frauds, requires that a court accept part performance of all oral contracts as evidence of the contract, in place of the written contract.

Question 28

An unenforceable contract is a void contract.

Question 29

Under the Statute of Frauds, a promise of indemnity and a promise of guarantee must be in writing to be enforceable.

Question 30

Which of the following is not true regarding the requirements for a written contract under the Statute of Frauds?

A) The contract must identify the parties.
B) Consideration to be given for it must be included.
C) There must be a meeting between the parties before the contract is signed.
D) All essential terms must be included.
E) The written contract must be signed by the defendant.

Question 31

The Statute of Frauds is a law that was passed to prevent fraud in transactions concerning the purchase and sale of land only.

Question 32

Which of the following statements is true about the doctrine of Part Performance?

A) Its application makes an otherwise unenforceable contract enforceable.
B) It applies to contracts concerning land only.
C) It limits the effect of the Statute of Frauds.
D) The acts relied upon by the courts must be unequivocally related to the alleged contract.
E) all of the above

Question 33

Which of the following is true with regard to a contract that has to be in writing?

A) It the contract is handwritten it must be in ink.
B) If the contract is a guarantee, consideration must be identified.
C) The contract does not have to be wholly within a single document. Several written notes may be taken together to satisfy the Statute of Frauds.
D) All implied terms must be carefully identified.
E) The parties must meet to discuss the terms.

Question 34

A written record of a contract may not satisfy the legal requirement of writing.

Question 35

The Statute of Frauds requires that contracts with minors must be in writing.

Question 36

If both the Sale of Goods Act and the Statute of Frauds apply to the same contract, then

A) either or both can make the contract unenforceable.
B) the courts have an irreconcilable problem.
C) the Statute of Frauds takes precedence.
D) the effects cancel out each other.
E) neither can make the contract enforceable.

Question 37

At common law once the terms of a contract are determined, it is irrelevant that it is only a verbal contract.

Question 38

Which of the following is true about consumer protection statutes?

A) It is concerned with only one party to the contract, the purchaser.
B) Provincial legislation is not as encompassing as federal legislation.
C) It covers businesses as well as consumers.
D) The federal government believe there is the need to be a big brother to call.
E) It only addresses the buying and selling of goods.

Question 39

A guarantee to be enforceable must be in writing, however a promise of indemnity does not have to be in writing to be enforceable.

Question 40

The Statute of Frauds renders certain types of contracts unenforceable unless they are in writing.

Question 41

What is the doctrine of part performance?

Question 42

An unenforceable contract under the Statute of Frauds is not a void contract. Explain.

Question 43

Distinguish between a promise of guarantee and a promise of indemnity?

Question 44

Why would the Statute of Frauds apply to an agreement to lease an apartment but not to a contract to renovate an apartment?

Question 45

Regardless of the legal requirements, what are the practical advantages of a written record?

Question 46

Explain the doctrine of part performance in the context of the Statute of Frauds.

Question 47

A contract that is unenforceable under the Statute of Frauds is not a void contract. Explain.

Question 48

Explain how an oral contract that is unenforceable because it is not in writing, may still affect the relationship between the parties.

Question 49

What is the effect of the Statute of Frauds?

Question 50

What is the difference between a promise of guarantee and a promise of indemnity?

Question 51

What is the Statute of Frauds?