Deck 15: The Statute of Fraudswriting Requirements

Question 1

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

Answer 1

False

Question 2

No collateral promise needs to be in writing to be enforceable.

Answer 2

False

Question 3

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

Answer 3

False

Question 4

A contract that by its own terms cannot be performed within a year must be in writing to be enforceable.

Question 5

All collateral promises must be in writing to be enforceable.

Question 6

If a contract to do something in certain intervals over a period of less than one year is not in writing, it is not enforceable.

Question 7

The Statute of Frauds requires that fraud must be proved by a writing.

Question 8

An oral contract for a transfer of an interest in land is never enforceable.

Question 9

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

Question 10

A contract that has not been fully performed by the end of a year from the day of its making must be rewritten to continue in force.

Question 11

A contract does not need to be in writing to be enforceable if the contract makes performance within one year possible.

Question 12

A contract involving a lease is the only contract relating to an interest in land that must be in writing to be enforceable.

Question 13

A contract must be in writing to be enforceable if the contract makes per?formance within one year possible.

Question 14

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

Question 15

Under the Statute of Frauds, a contract that is in writing is void.

Question 16

The Statute of Frauds requires that statutes must be in writing.

Question 17

A contract does not need to be in writing to be enforceable if it makes per?formance possible within any definite period of time.

Question 18

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

Question 19

A contract involving a sale is the only contract relating to an interest in land that must be in writing to be enforceable.

Question 20

A contract may have to be in writing to be enforceable even if its performance is possible within a year.

Question 21

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

Question 22

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

Question 23

To be enforceable, a memorandum evidencing an oral contract that would otherwise be unenforceable must include every term.

Question 24

An oral contract that must be in writing to be enforceable is not enforce?able unless the parties to it admit to its existence in court.

Question 25

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

Question 26

An oral contract for a sale of land cannot be enforced even if the contract has been partially per?formed.

Question 27

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

Question 28

There are no exceptions to the Statute of Frauds.

Question 29

Parol evidence includes oral evidence that is outside a written contract and not incor?po?rated into the contract expressly or by reference.

Question 30

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

Question 31

Oral evidence of otherwise clear terms in a contract can be introduced at a trial to contradict those terms.

Question 32

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

Question 33

An oral contract for a sale of land may be enforceable if the contract has been partially per?formed.

Question 34

A prenuptial agreement does not have to be in writing to be enforceable.

Question 35

To be enforceable, a contract for a sale of goods priced at $50 or more must be in writing.

Question 36

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

Question 37

To be enforceable, a writing evidencing an oral contract that would otherwise be unenforceable must be signed by the party who seeks to enforce it.

Question 38

A party's oral agreement to pay another's debt is enforceable if the party's main purpose is to derive a benefit for himself or herself.

Question 39

An oral contract for a sale of goods priced at $499.99 must be in writing to be enforceable.

Question 40

A contract for a sale of goods does not need to be in writing to be enforceable.

Question 41

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 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

AAA Loans, Inc., is one of Beta Business Corporation's creditors. AAA guarantees Beta's debt to City Bank to forestall litigation. To be enforce?able, this guarantee must be in writing

A) to allow Beta to stay in business and pay AAA and City Bank.
B) to allow Beta to stay in business and pay AAA only.
C) to allow Beta to stay in business and pay City Bank only.
D) under no circumstances.

Question 44

International Business, Inc. (IBI), agrees to assume a debt of Southern Export Company to First National Bank. This promise is for the benefit of IBI. To be enforceable, the promise must be in writing if the debt is for

A) $50.
B) $500.
C) $5,000.
D) none of the above.

Question 45

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 enforceable by

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

Question 46

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

A) Andy only.
B) BC only.
C) either party.
D) neither party.

Question 47

Ollie buys a cup of coffee for $2, a magazine for $5, and a boombox for $600. The requirement of a writing for the enforceability of a contract for a sale of goods at, or for more than, a certain price is governed by

A) the common law.
B) the parol evidence rule.
C) the parties' agreement.
D) the Uniform Commercial Code.

Question 48

Elle buys a new textbook for $100 and a used car for $5,000, and signs a one-year lease for an apartment for $1,000 monthly rent to start at the beginning of the next month. The Statute of Frauds covers

A) the apartment lease, and the textbook and car purchases.
B) the apartment lease and the car purchase only.
C) the apartment lease only.
D) the textbook and car purchases only.

Question 49

Lyra induces Moe to enter into a contract for the sale of an apartment about which Lyra fraudulently misrepresents a number of material facts. Lyra 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 reformation of oral and written statements into one contract.

Question 50

Century Properties. Inc., and Dandy 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 51

Lem buys a used MP3 player for $50 and a new laptop 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 laptop and MP3 purchases.
B) the employment contract and the laptop purchase only.
C) the employment contract only.
D) the laptop and MP3 purchases only.

Question 52

General Contractors (GC) and Holly enter into an oral contract under which Holly agrees to work on a GC project for sixteen months. This con?tract is enforceable by

A) either party.
B) GC only.
C) Holly only.
D) neither party.

Question 53

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 54

Regional Delivery, Inc., and Safe Storage Company enter into a long-term lease for a warehouse. To be enforceable, the lease must be in writ?ing if the warehouse is valued at

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

Question 55

Lola agrees to assume Mira's debt to New Sales Corporation. Lola 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 56

Clay buys an MP3 player for $200 and a pair of stereo speakers for $600 from a Discount City store, and downloads $300 worth of digital music from E-Music.com. To be enforceable, the contract that must be in writing is the purchase of

A) the digital music, the MP3 player, and the speakers.
B) the MP3 player and the speakers only.
C) the MP3 player only.
D) the speakers only.

Question 57

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 58

Edy borrows $1,000 from First County Bank. Gil orally promises First County that he will repay the loan if Edy does not. Gil does not get any personal benefit for the promise. Gil's promise is

A) enforceable only if it is in writing.
B) enforceable only if it is oral.
C) enforceable whether it is oral or in writing.
D) not enforceable.

Question 59

Timber, Inc., and United Corporation enter into an oral contract for a sale of a lumber mill. Under the Statute of Frauds, before United takes possession, this contract is enforceable by

A) either party.
B) neither party.
C) Timber only.
D) United only.

Question 60

Little Goods Store and Major TV Sales Corporation enter into an oral contract for Major's sale to Little of eight DVD players for $100 each. After Little takes possession of the players, but before payment, this contract is

A) enforceable only if it is in writing.
B) enforceable only if it is oral.
C) enforceable whether it is oral or in writing.
D) not enforceable.

Question 61

Beta Grocers orders by phone twenty cartons of canned beets from Carotene Food Packers, Inc. After ten cartons are delivered and accepted, Beta repudiates the contract. Carotene 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 62

Glen and Haj sign a written contract. Glen claims that the parties later orally agreed to modify the contract. Any oral modification is likely not enforceable if it falls under

A) the doctrine of promissory estoppel.
B) the "main purpose" exception.
C) the "partial performance" exception.
D) the Statute of Frauds.

Question 63

Fact Pattern 15-A2
Jeff and Kris sign a written contract for the sale of Jeff's Koffee Kiosk to Kris. The parties intend their written contract to be a final statement of the terms of their agreement.
Refer to Fact Pattern 15-A2. The writing that Jeff and Kris signed is

A) a completely integrated contract.
B) a conditionally integrated contract.
C) an agreeably integrated contract.
D) an obviously integrated contract.

Question 64

Fact Pattern 15-A1
Macro Marketing, Inc., and National Food Corporation discuss the terms of a contract. Macro then faxes NFC a memo on Macro's letterhead that summarizes the items on which they agreed, including a two-year term. NFC begins to perform, but Macro refuses to pay.
Refer to Fact Pattern 15-A1. Between Macro and NFC, there is

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

Question 65

Fact Pattern 15-B1
Odell and Pete sign a contract for the sale of Odell's Pizza Parlor to Pete. 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 Pete will negotiate a final price.
Refer to Fact Pattern 15-B1. Pete 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

A) ambiguous additional terms.
B) consistent additional terms.
C) contradictory additional terms.
D) fraudulent additional terms.

Question 66

Dina files a suit against Engineering Associates to enforce a written con?tract between the parties. Parol evidence will be admitted to prove

A) an orally agreed-on condition.
B) contemporaneous negotiations that contradict the written contract.
C) prior negotiations that contradict the terms of the written contract.
D) any of the above.

Question 67

Sid induces Ty to enter into a contract for the sale of a warehouse about which Sid fraudulently misrepresents a number of material facts. Sid also tells Ty that his commission is 6 percent, but their signed, written contract states "12 percent." 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 reformation of oral and written statements into one contract.

Question 68

Nina and Owen enter into an oral contract for Nina's sale to Owen of a la?ser printer for $400. Before Owen takes posses?sion of the printer, the con?tract is enforceable by

A) either party.
B) Nina only.
C) neither party.
D) Owen only.

Question 69

Fine Services Company and Great Distributors, 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 parties' addresses.

Question 70

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 but which neither party signs. This agreement is most likely enforceable against

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

Question 71

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 72

Uri and Vicky orally agree on the sale of Uri's Nite Club to Vicky and note terms on a pair of the Club's napkins, 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 73

E-Business, Inc. files a suit against Federated Financial Corporation, asking the court to enforce an oral contract between the parties under the doctrine of promissory estoppel. This doctrine applies in

A) all states.
B) no states.
C) one state.
D) some states.

Question 74

Mia orally promises Nick 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) Mia only.
C) neither party.
D) Nick only.

Question 75

Property Development Company and Quality Land Corporation 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 subject matter.
C) a statement of the consideration.
D) the parties' names.

Question 76

Fact Pattern 15-A1
Macro Marketing, Inc., and National Food Corporation discuss the terms of a contract. Macro then faxes NFC a memo on Macro's letterhead that summarizes the items on which they agreed, including a two-year term. NFC begins to perform, but Macro refuses to pay.
Refer to Fact Pattern 15-A1. The transaction between Macro and NFC falls within the Statute of Frauds'

A) collateral-promise provision.
B) one-year rule.
C) sales-of-goods stipulation.
D) secondary-contracts section.

Question 77

Fact Pattern 15-A2
Jeff and Kris sign a written contract for the sale of Jeff's Koffee Kiosk to Kris. The parties intend their written contract to be a final statement of the terms of their agreement.
Refer to Fact Pattern 15-A2. Kris later disputes some of the provisions of the deal with Jeff. 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 78

Eve files a suit against Financial Associates, Inc. (FA), to enforce an oral contract that would otherwise be unenforceable under the Statute of Frauds. The court could enforce such a contract if

A) Eve foreseeably, justifiably, and detrimentally relied on a promise by FA.
B) FA continues to deny the existence of a contract.
C) neither party has begun to perform.
D) the deal does not involve customized goods.

Question 79

Fact Pattern 15-B1
Odell and Pete sign a contract for the sale of Odell's Pizza Parlor to Pete. 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 Pete will negotiate a final price.
Refer to Fact Pattern 15-B1. The writing that Odell and Pete signed is

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

Question 80

Consumer Goods, Inc., and Delta Distribution, Inc., sign a written con?tract 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 declaration of the subject matter.
C) a quantity term.
D) the parties' names.