Deck 14: Written Contracts

Question 1

A written con?tract for a transfer of land is usually enforceable.

Answer 1

True

Question 2

An oral con?tract for a transfer of land is always enforceable.

Answer 2

False

Question 3

A collateral promise is one made by a third party to assume the debts or obligation of a primary party to a contract if the primary party does not perform.

Answer 3

True

Question 4

Under the Statute of Frauds,an oral contract for the transfer of a mortgage is enforceable.

Question 5

A party's oral agreement to pay another's debt is NOT enforceable if the party's main purpose is to derive a benefit for himself or herself.

Question 6

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

Question 7

Under the Statute of Frauds,all written contracts are enforceable.

Question 8

A prenuptial agreement must be in writing to be enforceable.

Question 9

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

Question 10

Under the Statute of Frauds,fixtures,such as buildings,growing crops and minerals,are treated as real property.

Question 11

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 12

Under the Statute of Frauds,all contracts induced by fraud must be in writ?ing to be enforceable.

Question 13

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

Question 14

Under the Statute of Frauds,oral contracts are void.

Question 15

The Statute of Frauds is a compilation of all the laws and regulations related to fraud.

Question 16

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

Question 17

A primary obligation is created when a party agrees to pay for something on the condition that a certain other party does not make the payment.

Question 18

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

Question 19

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

Question 20

All collateral promises must be in writing to be enforceable.

Question 21

Dixie May enters into a contract to buy one hundred pounds of pecans from Margaret.The contract must be in writing if the pecans cost

A)$100.
B)$150.
C)$250.
D)$500.

Question 22

Oral evidence of the modification of a contract after its making can be introduced at a trial.

Question 23

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

Question 24

Lem buys a used MP3 player for $50 and a new air hockey table for $1,500,and signs a one-year employment contract for a $4,000 monthly salary to start at the beginning of the next month.The Statute of Frauds covers

A)the employment contract,and the air hockey table and MP3 purchases.
B)the employment contract and the air hockey table purchase only.
C)the employment contract only.
D)the air hockey table and MP3 purchases only.

Question 25

Century Properties.Inc.,and Broadview Capital Corporation enter into a con?tract for a sale of land.To be enforceable,the contract must be in writing if the land is valued at

A)$50.
B)$500.
C)$5,000.
D)$50,$500,or $5,000.

Question 26

To be enforceable,a writing evidencing an oral contract must have been signed by the party who is to be held liable.

Question 27

Martha buys a candy bar for $5 and signs a contract for delivery of fresh flowers to her mother's nursing home every week for the rest of her mother's life.She then enters into a contract to assume George's debt to FastCars Dealership.Martha receives no personal benefit from assuming George's debt.The Statute of Frauds covers

A)the candy bar purchase only.
B)the candy bar purchase and the contract for the flower delivery only.
C)the contract to assume George's debt only.
D)the contract to assume George's debt and the contract for the flower delivery only.

Question 28

An e-mail is an acceptable form of a written memorandum.

Question 29

An oral contract for a sale of goods for more than $5,000 is NOT enforceable even if the parties to it admit to its existence in court.

Question 30

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

Question 31

Oral evidence of the meaning of a contract with incomplete terms can be introduced at a trial.

Question 32

Under the Uniform Commercial Code,a contract for the sale of goods priced at more than $500 must designate the terms of payment.

Question 33

Lara induces Moe to enter into a contract for the sale of an apartment.Lara tells Moe that her commission is 6 percent,but their signed,written contract states "12 percent." The Statute of Frauds governs

A)contracts that are induced by fraud.
B)contracts that must be in writing to be enforceable.
C)the admissibility in court of oral evidence.
D)the merging of oral and written statements into one contract.

Question 34

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

Question 35

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

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

An oral contract for a sale of land can sometimes be enforced if partial per?formance has taken place.

Question 39

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

Question 40

There are exceptions to the Statute of Frauds.

Question 41

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 42

Cody and Dora enter into an oral contract under which Cody agrees to work on Dora's farm for not less than one week.This contract is enforce?able by

A)Cody only.
B)Dora only.
C)either party.
D)neither party.

Question 43

Ed and First Star Company enter into an oral contract under which Ed agrees to pro?vide delivery service for First Star for nine months.This con?tract is enforceable by

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

Question 44

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)a written contract.
D)no contract.

Question 45

Andy offers to pay Ryan to marry Andy's youngest daughter.To be enforceable,the contract must be in writing if the amount Andy promises to pay is

A)$50.
B)$500.
C)$5,000.
D)$50,$500,or $5,000.

Question 46

Veggie Grocers orders by phone twenty cartons of canned beets from Capital Food Packers,Inc.After ten cartons are delivered and accepted,Veggie repudiates the contract.Capital 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 ten accepted cartons.
D)the extent of the twenty ordered cartons.

Question 47

Draco agrees to assume Mira's debt to NuSales Corporation.Draco does not get any personal benefit for the agreement.To be enforceable,the prom?ise must be in writing if the debt is for

A)$50.
B)$500.
C)$5,000.
D)$50,$500,or $5,000.

Question 48

Julie orally agrees to assume Phil's debt to FunGames,Inc.Julie gets substantial personal benefit for the agreement.This contract is enforceable by

A)Julie only.
B)Phil only.
C)either party.
D)neither party.

Question 49

James and Will enter into an oral contract on May 1 under which James agrees to deliver a collection of exotic wines by April 30 of the following year.This contract is enforceable by

A)James only.
B)Will only.
C)either party.
D)neither party.

Question 50

Valley Tack Shop signs a contract with Gary's Boots and Saddles for delivery of five saddles that cost $200 each.To be enforceable under the Statute of Frauds,the written contract must designate

A)the method of delivery.
B)the method of payment.
C)the quantity of saddles.
D)the seller.

Question 51

Ilsa and Jiffy Loan Company enter into an oral contract under which Ilsa agrees to pay Kyle's debt if he does not.Ilsa does not get any per?sonal benefit for the agreement.This contract is enforceable by

A)any party.
B)Jiffy only.
C)Jiffy or Kyle.
D)none of the parties.

Question 52

Pacific Applications,Inc.,and Quality Resale Company (QRC) enter into an oral contract for Pacific's sale to QRC of six used forklifts for $1,900 each.Before QRC takes posses?sion of the items,this contract is enforce?able by

A)either party.
B)neither party.
C)Pacific only.
D)QRC only.

Question 53

Big Dog Security Service,Inc.orally agrees to provide security services for NorthGate Mall for as long as NorthGate Mall requires them.This contract is enforceable by

A)Big Dog Security only.
B)NorthGate Mall only.
C)either party.
D)neither party.

Question 54

Wild Rides Theme 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 55

Clay buys an iPad for $800 and a pair of stereo speakers for $600 from a Discount City store,and downloads $300 worth of digital music from eMusic.com.Which contract does NOT need to be in writing to be enforceable?

A)The digital music,the iPad,and the speakers
B)The speakers only
C)The iPad only
D)The digital music only

Question 56

Delta,Inc.,agrees to assume a debt of Excel Company to First State Bank.The agreement is not in writing.To be enforceable,the promise must be for the benefit of

A)any party.
B)Delta.
C)Excel.
D)First State.

Question 57

Ted and Svetlana orally agree to several different oral contracts.The Statute of Frauds will bar enforcement of an oral contract for

A)a deal that will be performed within a year.
B)a primary obligation.
C)a sale of goods for $100.
D)a sale of land.

Question 58

Ground Minerals,Inc.and SuperSupplements,Inc.enter into an oral contract for the purchase of mineral rights to a piece of property owned by Ground Minerals.Ground Minerals then refuses to allow SuperSupplements to extract minerals from the property.SuperSupplements files suit against Ground Minerals for breach of contract.Ground Minerals can use the __________ as a defense.

A)Uniform Commercial Code
B)Statute of Frauds
C)One-Year Rule
D)Main Purpose Rule

Question 59

Cara enters into an oral contract with Sam in which she agrees to give him her vacation home in France if he will marry her.The contract is enforceable by

A)Cara only.
B)Sam only.
C)either party.
D)neither party.

Question 60

Randy and Beach Biz Company enter into an oral contract under which Randy agrees to clean Beach Biz's office for two years.This contract is en?forceable by

A)Randy only.
B)Beach Biz only.
C)either party.
D)neither party.

Question 61

Chloe files a suit against Digital Associates,Inc.(DAI),to enforce a con?tract.The only written evidence of the contract is a memo on DAI's let?terhead as signed by a DAI officer in its files.The con?tract can be en?forced if the memo includes

A)a correct title,such as "Chloe-DAI Contract."
B)all essential terms.
C)a statement of the consideration.
D)the parties' addresses.

Question 62

Fact Pattern 14-2 (Questions 34-35 apply)
Odell and Paula sign a contract for the sale of Odell's Pizza Parlor 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 14-2.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)fraudulent.

Question 63

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 64

Theo and Uma orally agree on the sale of Theo's Fitness Center to Uma and note the terms on a sheet of the center's stationery,which includes the Center's letterhead and which only Theo signs.This agreement is most likely enforceable against

A)neither Theo nor Uma.
B)Theo and Uma.
C)Theo only.
D)Uma only.

Question 65

Fact Pattern 14-1 (Questions 32-33 apply)
Kelly and Lucas sign a written contract for the sale of Kelly's Koffee Kiosk to Lucas.The parties intend their written contract to be a final statement of the terms of their agreement.
Refer to Fact Pattern 14-1.The writing that Kelly and Lucas signed is a contract that is

A)completely integrated.
B)conditionally integrated.
C)agreeably integrated.
D)obviously integrated.

Question 66

Evermore Corporation and Trendy Goods,Inc.,enter into a contract.To be enforceable,the contract 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 67

Sid induces Ty to enter into a contract for the sale of a warehouse.Sid tells Ty that he is the sole owner,but their signed,written contract lists Sid's parents as co-owners.The parol evidence rule governs

A)contracts that are induced by fraud.
B)contracts that must be in writing to be enforceable.
C)the admissibility in court of oral evidence.
D)the merging of oral and written statements into one contract.

Question 68

Fact Pattern 14-1 (Questions 32-33 apply)
Kelly and Lucas sign a written contract for the sale of Kelly's Koffee Kiosk to Lucas.The parties intend their written contract to be a final statement of the terms of their agreement.
Refer to Fact Pattern 14-1.Lucas 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)buttresses the written terms.
B)contradicts the written terms.
C)duplicates the written terms.
D)reinforces the written terms.

Question 69

Miranda orally promises Nicky that she will buy his fishing trawler for $10,000.Before either party acts in reliance on this promise,under the doctrine of promissory estoppel,the transaction is enforceable by

A)either party.
B)Miranda only.
C)neither party.
D)Nicky only.

Question 70

Fact Pattern 14-2 (Questions 34-35 apply)
Odell and Paula sign a contract for the sale of Odell's Pizza Parlor 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 14-2.The writing that Odell and Paula signed is a contract that is

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

Question 71

In a transaction for the sale of a warehouse,Standard Storage Company tells Tri-County Investment Corporation that the office furniture is in?cluded.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?

Question 72

Financial Services Company and Steve's Landscaping,Inc.,sign a writ?ten con?tract that does not involve a sale of goods.To be enforceable,this written contract must include

A)a correct title,such as "Service Contract."
B)all non-essential terms.
C)a statement of the consideration.
D)the addresses of the parties.