Deck 15: The Statute of Fraudswriting Requirement

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

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

Answer 2

True

Question 3

A prenuptial agreement must be in writing to be enforceable.

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

Every state has a statute that stipulates what types of contracts must be in writing.

Question 8

To be enforceable,a contract for a sale of goods priced at $500 or more should be in writing.

Question 9

Prenuptial agreements are agreements made during a wedding ceremony that define each partner's duties to one another during the marriage.

Question 10

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

Question 11

Under the Statute of Frauds,all contracts must be in writing to be enforceable.

Question 12

A contract that is oral when it is required to be in writing is normally void.

Question 13

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

Question 14

Under the Statute of Frauds,physical objects that are permanently attached to land,such as buildings,growing crops,and minerals,are treated as real property.

Question 15

Under the Statute of Frauds,any contract that is not in writing is void.

Question 16

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

Question 17

All collateral promises must be in writing to be enforceable.

Question 18

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

Question 19

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

Question 20

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

Question 21

Grant and Hester enter into a con-tract for a sale of Hester's Pastoral Valley Orchard.This contract

A)is prohibited.
B)must be oral to be enforceable.
C)must be in writing to be enforceable.
D)must be oral and in writing to be enforceable.

Question 22

Larue buys an iPod for $150 and a new laptop for $1,200,and signs a one-year employment contract for a $4,800 monthly salary to start at the beginning of the next month. The Statute of Frauds covers

A)the employment contract,and the laptop and iPod purchases.
B)the employment contract and the laptop purchase only.
C)the employment contract only.
D)the laptop and iPod purchases only.

Question 23

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

Question 24

Written evidence or an electronic record of a contract for a sale of goods priced at $50 or more is required.

Question 25

Representatives of Chemico,Inc.,and Petro Products Corporation orallyagree that Chemicowill sell a chemical refinery and the land on which it is situated to Petro. Under the Statute of Frauds,this deal is enforceable by

A)Chemico.
B)Petro.
C)anypotentially interested third party,such as a bank or a title company.
D)none of the choices.

Question 26

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

Question 27

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 28

Parol evidence includes testimony about communications between the parties that are not contained in the contract itself.

Question 29

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

Question 30

There are exceptions to the Statute of Frauds.

Question 31

An integrated contract is the final embodiment of the terms of an agreement.

Question 32

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

Question 33

An oral contract for a sale of land can sometimesbe enforced if partial performance has taken place.

Question 34

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

Question 35

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

Question 36

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

Question 37

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 38

Del's Granola Company enters into a contract to buy one hundred pounds of almonds from Earth Grove Farms. The contract must be in writing if the almonds cost

A)$50.
B)$150.
C)$250.
D)$500.

Question 39

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

Question 40

Evidence of prioragreements that differ from the written terms of a con-tract can be introduced in court to alter the contract.

Question 41

Millet Grains Cooperative and Corn Cereals,Inc.,discuss the terms of a contract for periodic deliveries of corn. Millet Grains then faxes Corn Cereals a memo on Millet Grains's letterhead that summarizes the points on which they agreed,including a two-year term. Millet Grains begins to perform,and Corn Cereals accepts the deliveries but refuses to pay.
Refer to Fact Pattern 15-1.Between Millet Grains and Corn Cereals,there is

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

Question 42

Ed and Four Star Company enter into an oral contract under which Ed agrees to provide delivery service for Four Star for nine months. This contract is enforceable by

A)Ed only.
B)either party.
C)First Star only.
D)neither party.

Question 43

Hal's Hardware Stores and Ideal Tools,Inc.,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 2014" or "10/2014."
C)a quantity term,such as "50 hammers" or "100 boxes of assorted nails."
D)the parties' contact information.

Question 44

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

A)Guardian Security only.
B)Hedge Fund only.
C)any interested third party,such as a Hedge Fund shareholder.
D)either Guardian Security or Hedge Fund.

Question 45

Millet Grains Cooperative and Corn Cereals,Inc.,discuss the terms of a contract for periodic deliveries of corn. Millet Grains then faxes Corn Cereals a memo on Millet Grains's letterhead that summarizes the points on which they agreed,including a two-year term. Millet Grains begins to perform,and Corn Cereals accepts the deliveries but refuses to pay.
Refer to Fact Pattern 15-1.Between Millet Grains and Corn Cereals,this contract is most likely enforceable against

A)neither party.
B)Millet Grains only.
C)Corn Cereals only.
D)Millet Grains and Corn Cerealsto the extent of the performance.

Question 46

Sharon agrees to assume a debt owed by Tom's Guitars Inc. to United Funds 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 party.
B)Sharon.
C)Tom's Guitars.
D)United Funds.

Question 47

Elaine offers Francie$1 millionto invest in a start-up business venture if Francie marries Elaine's son Guinn. This promise is enforceable

A)only if it is in writing.
B)only if the venture is not likely to succeed or fail within one year
C)only if Guinn agrees to marry Francie.
D)under no circumstances.

Question 48

Millet Grains Cooperative and Corn Cereals,Inc.,discuss the terms of a contract for periodic deliveries of corn. Millet Grains then faxes Corn Cereals a memo on Millet Grains's letterhead that summarizes the points on which they agreed,including a two-year term. Millet Grains begins to perform,and Corn Cereals accepts the deliveries but refuses to pay.
Refer to Fact Pattern 15-1.The transaction between Millet Grains and Corn Cereals falls within the provision of the Statute of Frauds involving

A)collateral promises.
B)the one-year rule.
C)parol evidence.
D)integrated contracts.

Question 49

Walt promises to pay for orthodontist services provided by Orson to Joyce. Walt does not receive any personal benefit for the promise. To be enforceable,the prom-ise must be in writing if

A)Walt promises to pay only if Joyce does not pay.
B)Walt assumes direct financial responsibility for the cost.
C)Orson's services will be provided in installments with a separate payment for each installment.
D)a different orthodontist will perform some of the services.

Question 50

Retail Sales Company and Standard Purchasing Corporation enter into a contract for a sale of goods.To be enforceable,the contract should be in writing if the goods are valued at more than

A)$5.
B)$15.
C)$50.
D)$500.

Question 51

David agrees to assume the debt of eDotCom Company to Fidelity Bank.The agreement is not in writing. To be enforceable,the promise must be for the benefit of

A)any of the choices.
B)David.
C)eDotCom.
D)Fidelity.

Question 52

Colette and Dealership Auto Sales Company enter into an oral contract under which Dealership Auto agrees to provide Colette with lifetime employment. This contract may be enforceable by

A)Colette only.
B)Dealership Auto only.
C)any interested third party,such as a Dealership Auto customer.
D)either Colette or Dealership Auto.

Question 53

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

A)Daisy foreseeably and justifiably relied on Elton's promise to her detriment.
B)Elton denies the existence of any contract.
C)neither party has begun to perform.
D)the deal does not involve customized goods.

Question 54

ActioNOW and Becca enter into an oral contract in which Becca agrees to work on a project for ActioNOW's Living Opportunities Center 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 55

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 con-tract is enforceable by

A)REW or Dick's.
B)the maker of the mixer.
C)anypotentially interested third party,such as one of Dick's suppliers.
D)all of the choices.

Question 56

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 57

Wild Rides Park owes both RollercoasterRepair,Inc. and Hot Dog Harry money. RollercoasterRepair orally agrees to assume Wild Rides's debt to Hot Dog Harry to prevent Hot Dog Harry from filing suit against Wild Rides. This contract is enforceable by

A)no party.
B)any party.
C)Wild Rides only.
D)RollercoasterRepair only.

Question 58

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

A)Whitewater or Xtra.
B)the maker of the rafts.
C)anypotentially interested third party,such as a Whitewater tour guide.
D)none of the choices.

Question 59

On Monday,Merlin buys a tablet for $500 from a Pads & Pods store. On Tuesday,he returns to the store and buys a GPS device for $200. On Wednesday,he downloads $100 worth of tunes from singsong.com. To be enforceable,the contract must be in writing for the purchase of

A)the tunes,the GPS device,and the tablet.
B)the GPS device and the tablet only.
C)the tablet only.
D)the tunes only.

Question 60

Abner tells a representative of Brass & Woodwind Musical Instruments,Inc.,that he will pay for Claudia's trumpet if she does not. Abner does not secure any personal benefit for this promise. Abner's oral promise is enforceable as a contract by

A)Brass & Woodwind Musical Instruments,Inc.
B)Claudia.
C)Abner.
D)none of the choices.

Question 61

Odell and Paula sign a contract for the sale of Odell's Pub & Grub Café to Paula. The parties intend their written contract to be a final statement of most,but not all,of the terms of their agreement-Odell must first buy the building from Quin,after which Odell and Paula will negotiate a final price.
Refer to Fact Pattern 15-3. Paula later disputes some of the provisions of the deal with Odell. 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 62

Lucas orally agrees to sell his Mountain Spring Beverage Company to Natural Soft Drinks,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 Soft Drinks.
C)Lucas.
D)Natural Soft Drinks.

Question 63

Odell and Paula sign a contract for the sale of Odell's Pub & Grub Café to Paula. The parties intend their written contract to be a final statement of most,but not all,of the terms of their agreement-Odell must first buy the building from Quin,after which Odell and Paula will negotiate a final price.
Refer to Fact Pattern 15-3. The writing that Odell and Paula signed is a contract that is

A)completely integrated.
B)conditionally integrated.
C)partially integrated.
D)separably integrated.

Question 64

Don and Etta orally agree on the sale of Don's Electrical Supplies Company to Etta 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)every term.
B)the essential terms.
C)the preliminary terms.
D)the qualitative terms.

Question 65

Ranchland Properties and Prairie State Investments sign a writ-ten contract for a sale of land. In some states,to be enforceable,this con-tract 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 66

Kelly and Lauren sign a written contract for the sale of Kelly's Koffee Kiosk to Lauren. The parties intend their written contract to be a final statement of the terms of their agreement.
Refer to Fact Pattern 15-2.Lauren later disputes some of the provisions of the deal with Kelly. 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 67

Stylish Corporation and Trends,Inc.,enter into a contract. The terms are put in writing. To be enforceable as a contract,the writing must include

A)no particular signatures.
B)the signatures of all parties to the deal.
C)the signature of the party against whom enforcement is sought.
D)the signature of the party who is seeking enforcement.

Question 68

Kelly and Lauren sign a written contract for the sale of Kelly's Koffee Kiosk to Lauren. The parties intend their written contract to be a final statement of the terms of their agreement.
Refer to Fact Pattern 15-2. The writing that Kelly and Lauren signed is a contract that is

A)agreeably integrated.
B)conditionally integrated.
C)entirely integrated.
D)partially integrated.

Question 69

Ulrich files a suit against Vern to enforce a written con-tract. 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)none of the choices.

Question 70

Waterfront Hotels Corporation 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 rein-statement or pay. Waterfront pleads the lack of a written con-tract. In whose favor is the court likely to rule,and why?

Question 71

Macro Marketing,Inc.,and Nature Foods Corporation (NFC)discuss the terms of a contract. Macro faxes NFC a memo on Macro's letterhead that summarizes the items on which they agree. NFC begins to perform,but Macro refuses to pay. Between Macro and NFC,the memo is

A)an oral contract.
B)a pre-contract.
C)awritten contract.
D)no contract.

Question 72

In a transaction for the sale of a warehouse,Standard Storage Company tells TriCounty Investment Corporation that the office furniture is included. The contract says nothing about office furniture,but does state,"This document supersedes all oral promises relating to the sale." Is the furniture part of the sale? Why or why not?