Deck 18: Contracts in Writing

Question 1

All courts consider merger clauses to be conclusive proof of a contract.

Answer 1

False

Question 2

All parties to a contract must sign the writing in order for the statute of frauds to be satisfied.

Answer 2

False

Question 3

What did the appellate court rule in the case in the text,Power Entertainment Inc. ,et.al.v.National 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?

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

Answer 3

A
Explanation: A)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."
B)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."
C)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."
D)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."
E)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."

Question 4

The purpose of the parol evidence rule is to prevent attempts to use only oral evidence to prove agreements.

Question 5

Under the Agent Negotiation rule,if a contract falls within the statute of frauds if negotiated by one person,it must also be in writing even if negotiated by the person's agent.

Question 6

Which of the following was the result in the Case Nugget in the text involving the dispute between Dr.Ralph M.Aurigemma and New Castle Care,LLC,involving whether an oral agreement entered into on September 4 involving Dr.Aurigemma serving as medical director from October 1 of that year until October 1 of the next year was enforceable?

A)That the contract was not in writing and,therefore,could not be enforced.
B)That the contract could be enforced because of the parol evidence rule.
C)That the contract was enforceable because of the partial-performance exception to the statute of frauds.
D)That the contract could not be enforced because of the parol evidence rule.
E)That the contract was enforceable because agreements for professional services do not come within the protection of the statute of frauds.

Question 7

Oral modifications are inadmissible and unenforceable if a contract's terms require that modification be in writing.

Question 8

Whenever a written agreement under the statute of frauds contains a serious,and obvious,typographical error,parol evidence is admissible to demonstrate that the error was indeed an error,as well as to set forth the proper term.

Question 9

Thea has a large farm and significant other assets.She agreed to loan her nephew Marcus $100,000 with payments of principle and interest to be made yearly.A few years later she and Marcus got into a dispute because Thea did not like his new girlfriend,Eileen.Soon thereafter Marcus got notice that Thea was suing him for not paying interest on the note.Marcus defended on the basis that two years after the initial loan agreement was entered into,he and Thea entered into an oral agreement that he would perform services on her farm in lieu of paying interest on the note.If the court follows the reasoning of the court in the Case Opener involving Monroe Bradstad and Jeanne Garland,which of the following is the most likely result of the dispute between Thea and Marcus involving whether he owes past interest amounts?

A)Assuming the court credits Marcus' account of events,Marcus will not be required to pay the interest amounts because the oral agreement will be considered an extension and part of the original written agreement.
B)Marcus will be required to pay the interest amounts because the agreement involving performing services in lieu of paying interest was not in writing.
C)Marcus will be required to pay the interest amounts because the parol evidence rule bars evidence of any oral agreement outside the written agreement.
D)Assuming the court credits Marcus' account of events,Marcus will not be required to pay the interest amounts because the oral agreement will be considered a separate enforceable agreement.
E)Assuming the court credits Marcus' account of events,based on the parol evidence rule,Marcus will be required to pay only 1/2 of the interest amounts.

Question 10

In the U.S. ,the requirements for what falls within the statue of frauds is expanding,while in England almost all their requirements for a writing have been repealed.

Question 11

Parol evidence is admissible when a court deems a contract integrated.

Question 12

Colin and Natalie orally agreed with Medical Center X for an in vitro fertilization procedure that would not result in the birth of an autistic child.They later signed a written contract stating that the medical center could not promise an absence of physical or mental defects and assumed no responsibility for such defects.The child conceived had autism.Which of the following is the most likely result of the parents' suit for breach of the oral agreement if the court follows the decision Scalisi et al.v.New York University Medical Center discussed in the text?

A)The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving evidence of prior dealings or usage of trade.
B)The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts conditioned on orally agreed upon terms.
C)The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are not final as they are part written and part oral.
D)The medical center will prevail based upon the written contract.
E)The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete.

Question 13

When a contract is incomplete,a court will not look at industry standards to complete the contract unless the parties had agreed to follow standard industry practice.

Question 14

An oral contract for customized goods that would normally have to be in writing is enforceable.

Question 15

The concept of performance has no effect on the statute of frauds.

Question 16

Which of the following is false regarding written contracts?

A)In general,written contracts aid in the conduct of smooth business contracts.
B)The moment of writing allows both parties to reconsider terms and ensure what they desire.
C)The idea of requiring a writing comes from an English law.
D)Disputes are easier to settle when contractual terms are solidified in writing.
E)All contracts must be in writing in order to be enforced.

Question 17

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

Question 18

The statute of frauds includes in its scope contracts related to an interest in land.

Question 19

There is federal U.S.legislation titled "Statute of Frauds".

Question 20

The Uniform Electronic Transactions Act reflects the decision that electronic transactions do not constitute a written copy because the electronic transaction is not technically a written document.

Question 21

Under ________,if the buyer in an alleged contract for the sale of land has paid any portion of the sale price,has begun to permanently improve the land,or has taken possession of the land,the courts will consider the contract partially performed,and this partial performance will amount to proof of the contract.

A)Substantial performance
B)The sales proof rule
C)Partial performance
D)The purchase proof rule
E)Sales substantiation

Question 22

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.

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

Question 23

In most states,which of the following are exceptions to when the statute of frauds would apply?

A)Admissions,partial performance,and promissory estoppel
B)Promissory estoppel and partial performance,but not admissions
C)Partial performance and admissions,but not promissory estoppel
D)Admissions but not partial performance or promissory estoppel
E)Promissory estoppel but not admissions or partial performance

Question 24

Which of the following is an exception as to when a secondary obligation needs to be in writing?

A)The delineated rule
B)The resulting-fact rule
C)The main-purpose rule
D)The personal-obligation standard
E)The primary-purpose rule

Question 25

Which states do not adhere to the admission exception to the statute of frauds?

A)Louisiana and New York
B)North Carolina and Montana
C)Kentucky and Florida
D)Hawaii and Alaska
E)Louisiana and California

Question 26

Under the Uniform Commercial Code,contracts for the sale of goods totaling more than ________ must be in writing.

A)$600
B)$1,000
C)$300
D)$200
E)$500

Question 27

Which of the following is a type of contract that does not fall within the scope of the statute of frauds?

A)Contracts related to any lease of land-related equipment
B)Contracts whose terms prevent possible performance within one year
C)Contracts related to an interest in land
D)Contracts for one party to pay the debt of another if the initial party fails to pay
E)Promises made in consideration of marriage

Question 28

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

A)A prenuptial agreement is not automatically enforceable just because it is in writing.
B)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.
C)Mutual promises to marry fall within the statute of frauds.
D)When one party promises something to the other as part of an offer of marriage,the contract must be in writing to be enforceable.
E)Prenuptial agreements fall within the statute of frauds.

Question 29

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

A)No leases are within the statute of frauds.
B)The statute requires a writing as evidence of a contract to sell land.
C)A claim to an oral contract for the sale of land is not enough to prove a contract of sale existed.
D)The statute is intended to prevent oral claims to the existence of a contract for the sale of land.
E)Mortgages on land are within the statute of frauds.

Question 30

Which of the following was the result in the case in the text Sewing v.Bowman,involving the issue of whether an agreement to share in the profits of the land,such as appreciation in the value of the properties and rental income,came within the statute of frauds?

A)The court ruled that the agreement did involve an interest in land and,therefore came within the statute of frauds.
B)The court ruled that the agreement to share in the appreciation of the value of the land did not fall within the statute of frauds and that no writing was needed,but that the agreement to share the rental income did fall within the statute of frauds requiring a writing.
C)The court ruled that the land constituted an asset of the partnership,so the partnership agreement did not come within the statute of frauds.
D)The court ruled that the agreement fell within the statute of frauds but that an oral agreement was sufficient.
E)The court ruled that the agreement did not involve an interest in land but placed it within the statute of frauds in order to prevent injustice.

Question 31

Which statement is false regarding the statute of frauds?

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

Question 32

What is necessary in order to satisfy the UCC's requirement for a written document?

A)The contract or memorandum needs to state the price of the goods,the quality of the goods,and also the quantity to be sold.
B)The contract or memorandum needs only to state the quantity to be sold.
C)The contract or memorandum needs to state the price of the goods and the quality of the goods,but not the quantity to be sold.
D)The contract or memorandum needs only to state the price of the goods.
E)The contract or memorandum needs only to state the quality of the goods.

Question 33

Within the statute of frauds,"land" encompasses not only the land and soil itself but anything ________ to the land.

A)Attached
B)Contracte d
C)?Pertinent
D)Relating
E)Adjacent

Question 34

A[n] is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

A)Interrogatory
B)Submission
C)Deposition
D)Admission
E)Confirmation

Question 35

Debts incurred in an initial contract are known as which of the following?

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

Question 36

What type of contract falls within the scope of the statute of frauds?

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

Question 37

As discussed in the text,a main purpose of the statute of frauds is to prevent unreliable ________ evidence from interfering with a contractual relationship.

A)Immaterial
B)Hearsay
C)Irrelevant
D)Oral
E)Inconclusive

Question 38

Which of the following is a term for contracts within the statute of frauds involving promises to pay a debt of another if the initial party fails to pay?

A)Primary debts
B)Primary promises
C)Commercial promises
D)Secondary obligations
E)Third-party debts

Question 39

In which year did the English Parliament pass the Act for the Prevention of Frauds and Perjuries?

A)1770
B)1776
C)1865
D)1677
E)1555

Question 40

Which of the following is true regarding what is considered an interest in land within the statute of frauds?

A)Interests in land within the statute of frauds include promises to sell crops annually and agreements between parties for profit sharing from the sale of real property,but not boundary disputes that have been settled through the use of land.
B)Interests in land within the statute of frauds does not include promises to sell crops annually,agreements between parties for profit sharing from the sale of real property,and boundary disputes that have been settled through the use of land.
C)Interests in land within the statute of frauds include boundary disputes that have been settled through the use of land,but not promises to sell crops annually or agreements between parties for profit sharing from the sale of real property.
D)Interests in land within the statute of frauds include boundary disputes that have been settled through the use of land and promises to sell crops annually,but not agreements between parties for profit sharing from the sale of real property.
E)Interests in land within the statute of frauds include promises to sell crops annually,but not agreements between parties for profit sharing from the sale of real property or boundary disputes that have been settled through the use of land.

Question 41

Which of the following is false regarding international treatment of evidentiary matters?

A)France has a limited parol evidence rule.
B)German law does not have a parol evidence rule.
C)England has significantly increased the number of contracts falling within the statute of frauds since the original act was passed.
D)England requires that promises to pay for the debt of others be in writing.
E)The parol evidence rule in France does not apply to commercial contracts.

Question 42

Which of the following involves the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract?

A)Reliance rule
B)Promissory reliance
C)Promissory estoppel
D)Promissory rule
E)Substantial estoppel

Question 43

In which circumstance may a court find parol evidence admissible to further the court's understanding of an agreement?

A)When a court determines that a written agreement does not represent a complete and final version of the agreement.
B)When a court determines that the plaintiff failed to do sufficient research to determine if signing the agreement was advisable.
C)When a court determines that there is significant disagreement regarding the complete and final version of the agreement.
D)When a court determines that there is disagreement between the parties' over performance of the agreement once performance has actually started.
E)When a court determines that either party failed to do sufficient research to determine if signing the agreement was advisable.

Question 44

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

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

Question 45

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

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 is an amalgamation of different rules and conditions.
D)The rule is not a unitary concept or rule.
E)The rule relates to substantive legal issues.

Question 46

Nadia,the president of XYZ Co. ,and Ramon orally agreed that Ramon would work as a computer programmer for XYZ Co.for a three-year period.Their oral agreement also covered other matters such as his pay and the availability of one week of paid vacation.On the day he talked with Nadia,Ramon signed an employee handbook including a provision that his employment was at will,meaning that at any time he could quit or the company could discharge him.A month later,Ramon received a three-year contract for employment with XYZ Co.in the mail incorporating the amount of his salary and other issues he had discussed with Nadia.Ramon signed it and mailed it back,but he changed the vacation provision to three weeks instead of one week.Brendan,the human resources manager for XYZ Co. ,called Ramon after receiving the agreement and told Ramon that the contract was only a draft for discussion purposes and that he was actually firing Ramon because he seemed too focused on vacation.Assuming the court follows the reasoning of the court in the dispute discussed in the text involving Michael Gallagher and Medical Research Consultants,which of the following would be the most likely result in the dispute between Ramon and XYZ Co.if Ramon claims he had a three-year contract of employment?

A)XYZ Co.will win because as a matter of law,no other document can alter the provisions of an employee handbook.
B)XYZ Co.will win because even if a three-year oral agreement for employment was made,it would not have been enforceable because the statute of frauds requires that agreements that cannot be completed within one year be in writing.Further,the draft Ramon returned was not signed by XYZ Co.
C)A jury will decide if Nadia orally agreed to a three-year contract;and,if so,Ramon gets his job back along with the extra weeks of vacation.
D)As a matter of law,since the contract was sent to Ramon,he received a guarantee of employment for three years;but he does not get the extra weeks of vacation he inserted.
E)XYZ Co.will win because although the three-year oral agreement for employment was initially enforceable,Ramon reopened negotiations by altering the later contract to provide that he was to receive three weeks of vacation.

Question 47

A[n] clause is one way parties can indicate their desire to create an integrated contract.

A)Merger
B)Complete
C)Bilateral
D)Acknowledged
E)Adhesion

Question 48

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

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

Question 49

What is a purpose of the parol evidence rule?

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

Question 50

Regarding Gabriel's promises to Rachel of a Mercedes and a trip,which of the following is true?

A)The promises fall within the statute of frauds.
B)The promises do not fall within the statute of frauds because they involve material matters,not matters involving home and children.
C)The promises would have fallen within the statute of frauds in earlier times in history,but would not fall within the statute of frauds in this day and time.
D)The promises do not fall within the statute of frauds unless Rachel can prove that she would not have married Gabriel without the assurance of the Mercedes and the trip.
E)The promises fall within the statute of frauds unless Gabriel can prove that Rachel would have married him without the assurance of the Mercedes and the trip.

Question 51

What was the result in Heritage Constructors,Inc.v.Chrietzberg Electric,Inc.and Richard Marc Chrietzberg,the case in the text in which the plaintiff,a general contractor,filed a breach of contract action against the defendant,an electrical subcontractor that withdrew its bid right before the contract was to be performed? The defendant claimed the agreement did not satisfy the statute of frauds and that the general contractor's breach of contract claim was barred.

A)Judgment for plaintiff was affirmed because,although none of the writings mention plaintiff,oral testimony was admissible to supply an essential term of the agreement.
B)Plaintiff's claim was dismissed because the oral agreement was unenforceable because there was no writing.
C)Judgment for plaintiff was affirmed since no writing was required because the agreement did not come within the statute of frauds.
D)Plaintiff's claim was dismissed because none of the writings mention plaintiff or identify plaintiff as a party to the contract,and oral testimony was necessary to supply an essential term of the agreement,and thus they are insufficient to satisfy the statute of frauds.
E)Judgment for plaintiff was affirmed because the writings along with oral testimony were sufficient to satisfy the status of frauds.

Question 52

Which of the following is true regarding writings created at the same time as a written agreement?

A)The parol evidence rule applies to writings created at the same time as the written agreement only if a sale of goods is involved,and in that case the writings are analyzed in the same way as prior or contemporaneous oral evidence.
B)Although the parol evidence rule applies to writings created at the same time as the written agreement,these writings tend to be treated differently than prior or contemporaneous oral agreements in that the writings are more readily admitted as part of the written agreement than is oral evidence.
C)The parol evidence rule applies to writings created at the same time as the written agreement,and these writings are analyzed in the same way as prior or contemporaneous oral evidence.
D)The parol evidence rule does not apply to writings created at the same time as the written agreement.
E)Although the parol evidence rule applies to writings created at the same time as the written agreement,these writings tend to be treated differently than prior or contemporaneous oral agreements in that the writings are less likely to be admitted as part of the written agreement than is oral evidence.

Question 53

[Courtroom Surprises] Alexandra agrees to sell Rishi her house for $200,000.Alexandra,Rishi,and the house are all located in Tennessee.She also orally agrees to sell her used car to Rishi for $1,000.Alexandra and Rishi discuss the fact that the house needs some repairs.Alexandra gives Rishi a key and tells him to do whatever he wants with the house.In reliance on her promise to sell the house,Rishi sells his home,gets a loan,and has a new roof put on Alexandra'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,Alexandra refuses to sign either.Rishi sues,and the case proceeds to trial.Alexandra 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.
Regarding Alexandra's statement to the judge under oath that she orally agreed to sell the house,which of the following is true?

A)The statement would be classified as an admission and would establish an exception to the statute of frauds involving the agreement on the house.
B)The judge would be estopped from considering the evidence.
C)The statement would be excluded from consideration because of the collateral interest rule.
D)The statement has no effect because of the statute of frauds.
E)The statement would be excluded from consideration as parol evidence but only because it involved an amount in excess of $5,000.

Question 54

Written contracts intended to be the complete and final representation of the parties' agreement are what kind of contracts?

A)Complete contracts
B)Acknowledged contracts
C)Bilateral contracts
D)Adhesion contracts
E)Integrated contracts

Question 55

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

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

Question 56

Which of the following rules addresses the admissibility of oral evidence as it relates to written contracts.

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

Question 57

Which of the following is a clause parties include in a written agreement that states that the written agreement accurately reflects the final,complete version of the agreement.

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

Question 58

What is the most likely result of Gabriel's attempt to avoid his agreement to pay creditors of the estate out of his own pocket?

A)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.
B)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 Gabriel made will likely be enforceable under the main-purpose rule.
C)He will be able to avoid the agreement because it was not in writing.
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 Gabriel made will likely be enforceable under the substantial-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 Gabriel made will likely be enforceable because he admitted he had agreed to pay.

Question 59

If applicable criteria are met,oral contracts for goods are enforceable even if they would normally have to be in writing.

A)Consumer
B)Customized
C)Retailed
D)Wholesale
E)Collateral

Question 60

In the "parol evidence rule," what does the term "parol" mean?

A)Oral speech as opposed to written words
B)Written words as opposed to oral speech
C)Signature required
D)Words establishing penalties
E)Speech or words,specifically words outside the original writing

Question 61

Which of the following contracts would fall outside the statute of frauds and does not require a writing?

A)Lani offers to buy the corner of Ry's property where Ry's horse grazes.
B)Lani offers to paint Ry's house for $1,000
C)Lani offers to buy Ry's horse for $1,000.
D)Lani offers to pay Ry's student loan if Ry defaults.
E)Lani offers to marry Ry in three years.

Question 62

Regarding Alexandra's statement to the judge that the agreement to sell the car was covered by the statute of frauds,which of the following is true?

A)She was incorrect because the statute of frauds provision involving the sale of goods only applies to goods costing over $1,500.
B)She was incorrect because the statute of frauds provision involving the sale of goods only applies to goods costing over $5,000.
C)She was incorrect because while the UCC has a provision regarding writings for the sale of certain goods,that provision is not a part of the statute of frauds.
D)She was correct.
E)She was incorrect because the statute of frauds provision involving the sale of goods only applies to goods costing over $2,000.

Question 63

[RV and bike deal] For his retirement,Milton wants to rent an RV and spend the summer travelling out West.Milton stops by Rudi's RV Heaven and Rudi tells him that he could rent an RV for the summer for $6,000.Milton,who had already researched rental costs,told Rudi he would agree to the price and also wanted to buy two of the bicycles Rudi showed him that were $100 each.Milton and Rudi shook hands and Milton said he would return the next day.When Milton returned,Rudi had the bicycles ready to go,but told Milton that the price for the RV was $8,000,not $6,000.Milton tells him that he cannot change the price because they had an enforceable agreement.Milton also tells him that he will not buy the bicycles,but Rudi tells him the agreement about the bicycles is enforceable and he wants Milton to pay him.
Does the agreement to rent the RV for $6,000 fall outside the statute of frauds and,thus,would likely be enforceable against Rudi?

A)No,because the agreement involved the lease of goods and must be in writing.
B)No,because the agreement is for the sale of goods over $500,which is within the statute of frauds and must be in writing.
C)Yes,because the agreement involved the lease of goods,which need not be in writing
D)Yes,because the contract can be performed within one year.
E)No,because the contract may not be performed within one year.

Question 64

Theo and Quincy live on adjacent properties on a tree-lined city street.Theo placed stepping stones at the edge of his property to walk from the front to the backyard.Quincy objects to the stepping stones,claiming they are placed partially on his property.Theo points to the cherry tree Quincy planted,claiming the tree was planted on Theo's property and thus the tree and the cherries belong to him.Theo then tells Quincy that,if Quincy agrees that the property under the stepping stones belongs to Theo,then Theo will agree that the property under the cherry tree belongs to Quincy.Quincy agrees.Is their oral agreement likely to be enforceable?

A)No,because it is a contract related to an interest in land and must be in writing.
B)No,because the value is over $500.
C)Yes,because it is a boundary dispute settled through the use of land.
D)The agreement involving the property under the cherry tree must be in writing because the tree is part of the land,but the property under the stepping stones need not be in writing.
E)Yes,because there was no money exchanged.

Question 65

Under which of the following circumstances would promissory estoppel take effect?

A)Gia's reliance on Alvin's promise was foreseeable.
B)Gia relied on Alvin's promise which Alvin knew she would do.
C)Gia relied on Alvin's promise to her detriment and Alvin should have known Gia would rely on it.
D)Gia relied on Alvin's promise to her detriment.
E)Alvin knew Gia would rely on his promise.

Question 66

Regarding Damian's assertion that under the parol evidence rule he had the right to identify the house referenced in the contract,which of the following is true?

A)Damian is incorrect because the parol evidence rule would not apply in situations involving an ambiguity.
B)Damian is incorrect because under the parol evidence rule,Frida,as the buyer,would be allowed to identify the subject matter in the event of a discrepancy.
C)Damian is incorrect because under the parol evidence rule,the judge would likely allow oral evidence regarding the house at issue in order to clarify an ambiguity.
D)Damian is correct.
E)Damian is incorrect because the parol evidence rule would not apply in the absence of a merger clause.

Question 67

[Kids' debts] Marta agrees to buy Natasha's convertible,but Marta may be losing her job,in which case,her mother Lottie will pay pursuant to the terms of the contract Lottie signed.Jeb signs an agreement to pay for his sons' plastic surgery,if his son cannot afford the payments.Lucia agrees to sell her drumset to Marcus because Marcus' father said he will back the deal.
Which individuals would be considered to have secondary obligations?

A)Lottie,Byron's father,and Marcus' father.
B)Natasha's father,Byron,and Marcus' father.
C)Marta,Byron,and Marcus.
D)Lottie,Jeb,and Marcus' father.
E)Natasha,Jeb,and Lucia.

Question 68

Trace claims that one of the contract terms is the $20 price per tuner.Is he correct?

A)Yes,but only if there is another writing with the $20 price per tuner.
B)Yes,because the written agreement was conditioned on the $20 per tuner oral agreement.
C)No,because the parol evidence rule prevents parties from introducing oral evidence when there is a written contract.
D)No,because he failed to include price in the writing.
E)No,because no exception applies to the parol evidence rule.

Question 69

Which of the following promises would not need to be in writing to be enforceable?

A)Jonie promises that his house will also be Kiel's house when they get married.
B)Kiel promises to marry Jonie and take Jonie on a honeymoon to Paris.
C)Jonie promises to buy Kiel a big ring if they get married.
D)Jonie promises he will marry Kiel in two years and pay for a big wedding.
E)Jonie and Kiel promise to marry each other.

Question 70

Gianni hires Dolton to work as his driver with an annual salary of $100,000 for the rest of Dolton's life.After two years,Gianni decides to fire Dolton.Dolton claims they have a valid contract,but Gianni says it is barred by the statute of frauds because they never put anything in writing.Who is correct?

A)Gianni,because the contract cannot be completed in one year.
B)Dolton,because the contract can be completed in one year because Dolton could die within a year of the contract's creation.
C)Gianni,because Gianni did not sign any agreement and he is the party being charged.
D)Dolton because,even though the contract was not completed within one year,public policy does not support lifetime employment contracts that are not in writing.
E)Gianni,because Dolton did not die during the year after the contract's creation.

Question 71

Which of the following contracts would fall within the statute of frauds and therefore requires a writing?

A)On June 15,Luigi hires Vela to work for him for one year,starting the next day
B)On June 15,Luigi hires Vela to work for him for one year,starting July 1.
C)On June 15,Luigi hires Vela to work for him for six months,starting November 1.
D)On June 15,Luigi hires Vela to work for him for six months,starting December 15.
E)On June 15,Luigi hires Vela to work for him for one year,starting immediately.

Question 72

Under which of the following circumstances would a partial-performance exception not apply?

A)Sale of a house,where the buyer has put down a 5% deposit.
B)Sale of a house,where the buyer has planted several trees before winter.
C)Sale of a farm but not the entire property.
D)Sale of a farm,where the buyer has paid for a new roof.
E)Sale of a house,where the seller gave keys to the buyer and the buyer has moved several large pieces of furniture into the garage.

Question 73

Regarding Damian's assertion that the statute of frauds is not satisfied because Frida did not sign the document,which of the following is true?

A)Damian is incorrect because the statute of frauds did not require her signature so long as the type of subject matter involved was referenced.
B)Damian is incorrect because the statute of frauds did not require her signature so long as the parties were clearly identified.
C)Damian is correct.
D)Damian is incorrect because the statute of frauds did not require her signature so long as the selling price was referenced.
E)Damian is incorrect because he is the one being sued,and he signed the document.

Question 74

On February 1,Dorian Winn,a publisher,hires Travis to write twenty books of a novel-series,each over a thousand pages long.Travis laughs,saying that it could take a year just to write one of the books.Travis also says that the oral contract for the project wouldn't be valid anyway.Is Travis correct?

A)Yes,if it is over $500.
B)Yes,because even if he worked around the clock for a year,it is highly unlikely the contract can be performed within a year.
C)No,because contracts that cannot be performed within a year are outside the statute of frauds.
D)No,because even though highly unlikely,the project can theoretically be completed within one year and does not have to be in writing.
E)Yes,because contracts that cannot be performed within a year fall within the statute of frauds and must be in writing.

Question 75

Regarding Rishi getting a loan and putting a new roof on the house,which of the following is true?

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

Question 76

Does the agreement to purchase the bicycles for $100 each fall outside the statute of frauds and,thus,would likely be enforceable against Milton?

A)No,because the agreement is for the sale of goods over $500,which is within the statute of frauds and must be in writing.
B)Yes,because the contract can be performed within one year.
C)Yes,because the agreement involved the lease of goods,which need not be in writing.
D)No,because the agreement involved the lease of goods and must be in writing.
E)Yes,because the agreement is for the sale of goods under $500,which need not be in writing.

Question 77

Which of the following is not a type of contract within the statute of frauds that concerns a promise to pay a debt?

A)Suretyship promise.
B)Promissory estoppel.
C)Secondary promise.
D)Collateral promise.
E)Secondary obligation.

Question 78

[Lake House] Damian has two houses,a house on the lake and a house in town.Frida wants to buy the house on the lake.Damian and Frida orally agree that Frida will buy the house on the lake for $300,000.Damian hurriedly writes out a contract providing that he would sell "his house" to Frida for $300,000.Damian signs the top of the document.Frida does not sign at all.No merger clause is included in the contract.Damian backs out of the contract,and Frida sues him.He tells the judge that the statute of frauds is left unsatisfied because he did not sign the document at the end and also because Frida did not sign at all.He also tells the judge that,at any rate,the agreement referred to the house in town,not the house on the lake;and that under the parol evidence rule,he had the right to identify the correct house.
Regarding Damian's assertion that the statute of frauds is left unsatisfied because he did not sign the document at the end,which of the following is true?

A)Damian is incorrect because the statute of frauds did not require his signature so long as the parties were clearly identified.
B)Damian is correct.
C)Damian is incorrect because while the statute of frauds would require his signature on the document,there is no requirement that the signature be at the end.
D)Damian is incorrect because the statute of frauds did not require his signature so long as the selling price was referenced.
E)Damian is incorrect because the statute of frauds did not require his signature so long as the type of subject matter involved was referenced.

Question 79

Which of the following statements is true about the likelihood of the secondary obligations being enforced?

A)The agreement could be enforced against Lottie and Marcus' father.
B)Marcus' father did not sign a writing,so the agreement cannot be enforced against him under any circumstances.
C)The agreements could be enforced against Jeb and Marcus' father.
D)All of the agreements can be enforced because they are secondary obligations.
E)Since Lottie and Jeb signed agreements,those obligations could be enforced.

Question 80

[Awesome tuners] Trace owns a music store.At a recent convention,he meets Terrill,who makes electronic guitar tuners.Terrill gives Trace a free sample and tells Trace that his guitar tuners are $20 each.Trace says he definitely wants to buy some and he will email the quantity.After the convention,Terrill emails Trace stating,"Do you still want to buy some tuners?" Trace replies,"Yes! 30 please!" However,Terrill never sends the tuners.Trace tells him they had a deal and that Terrill needs to send the tuners.Terrill,who went to business school,tells Trace that the UCC requires contracts for the sale of goods over $500 to be in writing,and his email reply doesn't satisfy the statute of frauds.
Is Terrill correct that they do not have a sufficient written contract?

A)No,because the writing need only state the quantity to be sold.
B)Yes,because the only term was the quantity,which is not enough to establish a contract.
C)Yes,because the agreement was less than $500,which need not be in writing.
D)Yes,because the email is insufficient to constitute writing as it did not include price.
E)No,because he is confusing the sale of goods with the sale of personal property.