Deck 16: The Writing Requirement in Our Digital World

Question 1

A contract must be in writing to be enforceable if it makes performance possible only over a period of more than one year.

Answer 1

True

Question 2

The primary purpose of the Statute of Frauds is to ensure that all parties to a contract understand all of the terms of a contract.

Answer 2

False

Question 3

A contract in which a party assumes a primary obligation normally must be in writing to be enforceable.

Answer 3

False

Question 4

A unilateral promise to make a monetary payment in consideration of marriage need not be in writing to be enforceable.

Question 5

A contract in which a party assumes a secondary obligation normally must be in writing to be enforceable.

Question 6

A contract involving interests in property of any kind must be in writing to be enforceable.

Question 7

All collateral promises must be in writing to be enforceable.​

Question 8

A written contract for a transfer of land is usually enforceable.

Question 9

A contract must be in writing to be enforceable if its performance is impossible within one year.

Question 10

All states require certain types of contracts to be in writing.

Question 11

An oral contract for a transfer of land is always enforceable.

Question 12

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

Question 13

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

Question 14

An agreement subject to a writing requirement must necessarily be written on paper.

Question 15

To be enforceable, a contract for a sale of goods priced at $500 or more must designate the buyer, seller, terms of payment, and price.

Question 16

A contract that is otherwise valid is enforceable even if it is not in the proper form.

Question 17

Under the Statute of Frauds, land includes physical objects permanently attached to it, such as buildings, fences, trees, and soil.

Question 18

A prenuptial agreement must be in writing to be enforceable.

Question 19

A contract must be in writing to be enforceable if the contract makes performance possible within any definite period of time.

Question 20

Under the Statute of Frauds, all contracts must be in writing to be enforceable except those involving insignificant transactions.

Question 21

An oral contract may be enforceable if the person making the promise could foresee that the promisee would rely on the promise.​

Question 22

An oral contract for the transfer of an interest in land can sometimes be enforced if partial performance has taken place.

Question 23

Alice and Bart enter into a contract for the sale of Canyon Ranch. To be enforceable, this contract must be

A) ​substantiated by reliable, external evidence.
B) ​signed in a sufficient manner by both parties.
C) ​in writing or evidenced by a written memorandum.
D) ​all of the choices.

Question 24

Ben makes an appointment for a $50 haircut, buys a bike for $250, and agrees to work for Coding Associates for one year for $5,000 per month, starting at the beginning of next month. To be enforceable, a writing is required for

A) ​the appointment.
B) ​the purchase.
C) ​the employment agreement.
D) ​none of the choices.

Question 25

​In some states, an otherwise unenforceable oral contract may be enforced under the doctrine of promissory estoppel.

Question 26

Air Flo, Inc., and Banyan Grove Apartments enter into an oral contract in which Air Flo agrees to provide air-conditioning and heating maintenance for Banyan Grove's facilities for two years. This contract is enforceable by

A) ​Air Flo.
B) ​Banyan Grove.
C) ​any third party, such as a HVAC supplies provider.
D) ​none of the choices.

Question 27

There are exceptions to the Statute of Frauds.

Question 28

If a party against whom enforcement of an oral contract is sought admits under oath that a contract for sale was made, the contract will be enforceable.

Question 29

​A written contract that is intended to be the final statement of the terms of an agreement is an integrated contract.

Question 30

​Ray agrees to buy one hundred pounds of almonds from Sol. To be enforceable, the agreement must be in writing if the almonds cost at least

A) ​$50.
B) ​$250.
C) ​$499.
D) ​$500.

Question 31

In an exchange of e-mails, Rob, a landlord, and Sam agree to a lease of a certain apartment for one year. Under the Statute of Frauds, this lease is enforceable provided

A) ​the e-mail is signed by the party against whom enforcement is sought.
B) ​the parties print and sign a hard copy of a document titled "Lease."
C) ​there is outside evidence, such as a security deposit, of the lease.
D) ​no one else signs a lease for the apartment before Sam moves in.

Question 32

Written evidence or an electronic record of a contract for a sale of goods priced at $500 or more is required by the Uniform Commercial Code.

Question 33

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

Question 34

Oral evidence to "fill in the gaps" of a contract with incomplete terms can be introduced at a trial.

Question 35

An oral contract may be enforceable if there is no way to avoid injustice except to enforce the promise.

Question 36

A party's oral agreement to pay another's debt is never enforceable.

Question 37

An integrated contract is a contract with more than one subject or part.

Question 38

Most nations do not require contracts to be in writing to be enforceable.

Question 39

To be enforceable, a memorandum evidencing an oral contract must include the essential terms.

Question 40

Evidence of prior agreements that differ from the written terms of a contract can be introduced in court to contradict the contract.

Question 41

Dick's Burgers n' Shakes enters into an oral contract with Restaurant Equipment Warehouse (REW) for REW's sale to Dick's of a single-spindle milkshake mixer for $300. Assuming the terms can be proved, the contract is enforceable by

A) ​Dick's or REW.
B) ​the manufacturer of the mixer.
C) ​any third party with a material interest, such as one of Dick's suppliers.
D) ​none of the choices.

Question 42

Ed orally agrees with Far East Restaurant to provide delivery service to its customers for six months. This contract is enforceable by

A) ​none of the choices.
B) ​either Ed or Far East.
C) ​any interested third party, such as a Far East customer.
D) ​Far East only.

Question 43

Pumps, Inc., agrees to assume a debt of Quality Parts Company to Reliable Finance LP. The agreement is not in writing. To be enforceable, the promise must be for the benefit of

A) ​all of the choices.
B) ​Pumps.
C) ​Quality.
D) ​Reliable.

Question 44

Marketing, Inc., and Nature's Foods Corporation (NFC) discuss a contract. They exchange "signed" e-mails that summarize the terms on which they agree. Marketing begins to perform, but Nature's refuses to pay. Between Marketing and Nature's, the e-mails are

A) ​a post-contract.
B) ​a pre-contract.
C) ​a written contract.
D) ​no contract.

Question 45

Nate promises to pay for dental services provided by Otto to Polly. Nate receives no personal benefit for the promise. To be enforceable, the promise must be in writing if

A) ​Nate promises to pay only if Polly does not pay.
B) ​Nate assumes primary financial responsibility for the cost.
C) ​Otto's services will be provided in installments with separate payments.
D) ​Polly also promises to pay.

Question 46

ActioNOW and Becca enter into an oral contract in which Becca agrees to work on a project for ActioNOW for eighteen months. This contract is enforceable by

A) ​ActioNOW.
B) ​Becca.
C) ​any third party, such as ActioNOW's clients.
D) ​none of the choices.

Question 47

Eleanor offers Flossy the amount of an investment in Flossy's start-up business venture if she marries Eleanor's son Glen. This promise is enforceable

A) ​only if it is in writing.
B) ​only if the amount of the investment is more than $500.
C) ​only if Glen agrees to marry Flossy.
D) ​under no circumstances.

Question 48

Guardian Security, Inc., and Hedge Fund Corporation enter into an oral contract under which Guardian agrees to provide security services for Hedge's offices for as long as Hedge needs them. This contract may be enforceable by

A) ​none of the choices.
B) ​Hedge only.
C) ​any interested third party, such as a Hedge shareholder.
D) ​either Guardian or Hedge.

Question 49

Merl buys a tablet for $500, running shoes for $200, and a set of the Game of Crowns books for $100. To be enforceable as a contract, a writing is required for the purchase of

A) ​the books, the shoes, and the tablet.
B) ​the shoes and the tablet only.
C) ​the tablet only.
D) ​the books only.

Question 50

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

A) ​any extent because the order was placed orally.
B) ​no extent because the order was placed orally.
C) ​the extent of the three accepted boxes.
D) ​the extent of the four undelivered boxes.

Question 51

Colin and Delta Water Company enter into an oral contract under which Delta agrees to provide Colin with lifetime employment. This contract may be enforceable by

A) ​Colin only.
B) ​Delta only.
C) ​any interested third party, such as a Delta supplier.
D) ​either Colin or Delta.

Question 52

Fact Pattern 16-1
Grain Co-op, LLC and Hearty Cereals, Inc., discuss the terms of a contract for periodic deliveries of corn. Grain faxes Hearty a memo on Grain's letterhead that summarizes the points on which they agreed, including a two-year term. Grain begins to perform, and Hearty accepts the deliveries but refuses to pay.
Refer to Fact Pattern 16-1. Between Grain and Hearty, this contract is most likely enforceable against​

A) ​neither party.
B) ​Grain only.
C) ​Hearty only.
D) ​Grain and Hearty, at least to the extent of the performance.

Question 53

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

A) ​Sturdy only.
B) ​Rough only.
C) ​any interested third party, such as a Rough tour guide or client.
D) ​none of the choices.

Question 54

Retail Company and Sales Wholesale Corporation enter into a contract for a sale of beach toys for $5,000. To be enforceable, the contract should be in writing and identify

A) ​the source of payment.
B) ​the price.
C) ​the terms of payment.
D) ​the quantity.

Question 55

Flo agrees to assume a debt owed by Guitars Inc. to Home Bank. The agreement is not in writing. To be enforceable under the "main purpose" rule, the promise must be for the benefit of

A) ​any third party, such as a Guitars Inc. customer.
B) ​Flo.
C) ​Guitars Inc.
D) ​Home Bank.

Question 56

Fact Pattern 16-1
Grain Co-op, LLC and Hearty Cereals, Inc., discuss the terms of a contract for periodic deliveries of corn. Grain faxes Hearty a memo on Grain's letterhead that summarizes the points on which they agreed, including a two-year term. Grain begins to perform, and Hearty accepts the deliveries but refuses to pay.
Refer to Fact Pattern 16-1. The transaction between Grain and Hearty falls within the provision of the Statute of Frauds involving

A) ​collateral promises.
B) ​the one-year rule.
C) ​sales of goods.
D) ​secondary contracts.

Question 57

Lewis tells a representative of Musical Instruments, Inc., that he will pay for Nora's trumpet if she does not. Lewis does not secure any personal benefit for this promise. This promise is enforceable as a contract

A) ​any of the choices.
B) ​only if Nora agrees to it.
C) ​only if the value of the trumpet is more than $500.
D) only if it is in writing.​

Question 58

Fact Pattern 16-1
Grain Co-op, LLC and Hearty Cereals, Inc., discuss the terms of a contract for periodic deliveries of corn. Grain faxes Hearty a memo on Grain's letterhead that summarizes the points on which they agreed, including a two-year term. Grain begins to perform, and Hearty accepts the deliveries but refuses to pay.
Refer to Fact Pattern 16-1. Between Grain and Hearty, there is​

A) ​an oral contract only.
B) ​a pre-contract only.
C) ​a written contract.
D) ​no contract.

Question 59

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

A) ​a correct title, such as "Purchase Order" or "Sales Invoice."
B) ​a date, such as "October 2017" or "10/2017."
C) a quantity term, such as "50 hammers" or "100 boxes of assorted nails."​
D) ​the parties' contact information.

Question 60

Daredevil Rides Inc. owes debts to Equipment Repair Company and Food Supplies, Inc. Equipment orally agrees to assume Daredevil's debt to Food to prevent the concessionaire from filing a suit against Daredevil. This agreement is enforceable by

A) ​none of the choices.
B) ​Daredevil, Equipment, or Food.
C) ​Daredevil only.
D) ​Equipment only.

Question 61

Ranchland Properties and Prairie State Investments sign a written contract for a sale of land. In some states, to be enforceable, this contract must include

A) ​a correct title, such as "Land Transfer" or "Real Estate Agreement."
B) ​a declaration of the contract's purpose.
C) ​a statement of the source of financing.
D) ​a description of the land.

Question 62

Lucas orally agrees to sell Mountain Spring Water to Natural Beverages, Inc. Lucas notes the terms on a sheet of Mountain Spring stationery and signs it. This agreement is most likely enforceable against

A) ​no one.
B) ​Lucas and Natural.
C) ​Lucas.
D) ​Natural.

Question 63

Builders Corporation files a suit against Concrete Company to enforce a written contract. If the court finds that the parties intended the contract to be the final statement of their agreement, parol evidence can be admitted to prove​
a.
​an orally agreed-on condition precedent.
b.
​terms discussed before the contract but not contained in it.
c.
​terms discussed at the time of the contract that contradict the written terms.
d.
​nothing.

Question 64

Fact Pattern 16-3
Alain and Brie sign a contract for the sale of Alain's Patisserie 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 Commercial Properties, Inc., after which Alain and Brie will agree on a price.
Refer to Fact Pattern 16-3. 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​

A) ​ambiguous.
B) ​consistent.
C) ​contradictory.
D) ​clear.

Question 65

Fact Pattern 16-2
Charlie and Dill sign a written contract for the sale of Dill's BBQ Food Truck to Charlie. The parties intend their written contract to be a final statement of the terms of their agreement.
Refer to Fact Pattern 16-2. The writing that Charlie and Dill signed is​

A) ​a completely integrated contract.
B) ​a partially divisible contract.
C) ​a partially integrated contract.
D) ​a completely severable contract.

Question 66

Don and Evon orally agree on the sale of Don's Electrical Supplies Company to Evon and jot down the terms on the back of one of Don's blank invoices, which they both sign. A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain

A) ​all terms.
B) ​the essential terms.
C) ​the preliminary terms.
D) ​the qualitative terms.

Question 67

Fact Pattern 16-2
Charlie and Dill sign a written contract for the sale of Dill's BBQ Food Truck to Charlie. The parties intend their written contract to be a final statement of the terms of their agreement.
Refer to Fact Pattern 16-2. Later Dill disputes some of the provisions in the deal with Charlie. If the dispute results in litigation, a court will most likely exclude evidence that​

A) supports the written terms.​
B) ​contradicts the written terms.
C) ​duplicates the written terms.
D) ​reinforces the written terms.

Question 68

Waterfront Hotel Inc. in Boston offers a job to Carol, who lives in Denver. Carol orally agrees to work for Waterfront for two years. She moves her family to Boston and begins work. Three months later, she is fired for no stated cause. She files a suit against the employer for reinstatement or pay. Waterfront pleads the lack of a written contract. In whose favor is the court likely to rule, and why?

Question 69

Henry files a suit against Irrigation Services to enforce an oral contract that would otherwise be unenforceable under the Statute of Frauds. The court could enforce such a contract if

A) ​Henry foreseeably and justifiably relied on Irrigation's promise.
B) ​Irrigation denies the existence of a contract.
C) ​neither party has begun to perform.
D) ​the deal does not involve goods.

Question 70

​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 onsite are included. The contract says nothing about the supplies onsite, but does state, "This document supersedes all oral promises relating to the sale." Are the supplies part of the sale? Why or why not?

Question 71

Fact Pattern 16-3
Alain and Brie sign a contract for the sale of Alain's Patisserie 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 Commercial Properties, Inc., after which Alain and Brie will agree on a price.
Refer to Fact Pattern 16-3. The writing that Alain and Brie signed is

A) ​completely integrated.
B) ​conditionally integrated.
C) ​partially integrated.
D) ​supplementally integrated.

Question 72

Maya and Nick enter into a contract. To be enforceable, the contract must include

A) ​no particular signatures.
B) ​the signatures of both Maya and Nick.
C) ​the signature of the party against whom enforcement is sought.
D) ​the signature of the party who is seeking enforcement.