Deck 15: A: The Statute of Frauds

Question 1

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

Answer 1

False

Question 2

A party's oral promise to pay another's debt is enforceable if the guarantor's main purpose is to secure a personal benefit.

Answer 2

True

Question 3

A written contract that cannot,by its own terms,be performed within one year from the day after its formation is enforceable.

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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 8

A contract for a sale of land cannot be enforced unless it is in writing even if the contract has been partially per?formed.

Question 9

A written contract that contains a collateral promise is enforceable.

Question 10

An electronic record of a contract for a sale of goods can enforceable.

Question 11

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

Question 12

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

Question 13

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

Question 14

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 15

An integrated contract is the complete and final statement of the terms of the agreement.

Question 16

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

Question 17

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

Question 18

A written prenuptial agreement is enforceable.

Question 19

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

Question 20

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

Question 21

Eustace and Durango Oil Company enter into an oral contract under which Eustace agrees to work on a Durango oil rig for not less than six months.This contract is enforce?able by

A)Eustace.
B)Durango.
C)any interested third party,such as a member of Eustace's family.
D)none of the choices.

Question 22

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 23

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 24

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 25

Fresh Air Filter & Purification Company and Big Box Commercial Storage Company enter into a long-term lease for a warehouse.To be enforceable,the lease must be in writ?ing if the amount of the rent payment is

A)more than $500.
B)more than $5,000.
C)more than $50,000.
D)any price.

Question 26

Sierra Lumber Company and Recycle & Resale,Inc. , (R&R)enter into an oral contract for Sierra's sale to R&R of six used forklifts for $2,900 each.Before R&R takes posses?sion of the goods,this contract is enforceable by

A)Sierra.
B)R&R.
C)any interested third party,such as an R&R customer for the goods.
D)none of the choices.

Question 27

Nutrition Services,LLC,and Oneida's Catering & Café Supply Company sign a writ?ten con?tract that does not involve a sale of goods.To be enforceable,the writing must include

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

Question 28

Ramon contracts in writing to sell his Little Shop of Bagels to Suni.When Suni discovers that the kitchen equipment has been removed,she files a suit against Ramon.The court decides that the written contract includes everything that the parties intended.An agreement about the kitchen equipment may be admissible if it is

A)a previous agreement.
B)not otherwise contained in the parties' contract.
C)a subsequent modification of the parties' contract.
D)under no circumstances.

Question 29

Gia orally promises Heck that she will buy his fishing trawler.For this promise to be enforceable under the doctrine of promissory estoppel

A)the trawler must be considered a customized good.
B)Heck must act in reliance on Gia's promise to his detriment.
C)Gia's promise must be in writing.
D)the parties must stop promising until the deal is transacted.

Question 30

Lena buys a used MP3 player for $50 and a new laptop for $1,500,and signs a one-year employment contract for a $4,500 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 31

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 32

Valley Commercial Space,Inc. ,orally contracts for a lease of its facilities to Willis for the use of his start-up driftboat company.Willis pays part of the price,takes possession,and improves the property for his boatbuilding enterprise.The contract is most likely enforceable by

A)Valley and Willis.
B)Willis but not Valley.
C)any interested third party,such as a driftboat customer.
D)no one.

Question 33

Dotty tells a representative of Education Loan Company over the phone that she will pay Felipe's student loan if he does not.Dotty does not get any per?sonal benefit for the promise.This promise is enforceable as a contract by

A)Dotty.
B)Education Loan Company.
C)any interested third party,such as Felipe or a member of his family.
D)none of the choices.

Question 34

Vidal files a suit against Spectator Sports World,Inc. ,to enforce a con?tract.The only written evidence of the contract is a memo on Spectator's let?terhead signed by a company officer.The con?tract can be en?forced if the memo includes

A)a correct title,such as "Vidal-Spectator Contract."
B)the name and title of the person who signed the memo.
C)all essential terms.
D)a reference to the source of the funds for payment.

Question 35

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 36

Trey and Unice orally agree on the sale of Trey's Health Club to Unice and note the terms on a sheet of the club's stationery,which Trey signs.This agreement is most likely enforceable against

A)neither Trey nor Unice.
B)Trey and Unice.
C)Trey.
D)Unice.

Question 37

Rand offers Quade the amount of a down payment on a house if Quade marries Rand's daughter Pepper.This promise is enforceable

A)only if it is in writing.
B)only if the price of the house includes the land.
C)only if Pepper agrees to marry Quade.
D)under no circumstances.

Question 38

Vern's Roofing Company and Weatherall Tiles,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 date,such "November 11,2011" or "11/11/11."
C)a quantity term,such as "50 pallets" or "100 cartloads."
D)the parties' cell phone numbers or e-mail addresses.

Question 39

Grady obtains a business loan from Farmers County Bank.To keep Grady in business,and thereby obtain the benefits of a deal between them,Dakota promises the bank's loan officer that she will repay the loan if Grady does not.To be enforceable,Dakota's promise

A)need not be in writing.
B)must be in writing because it benefits Grady.
C)must be in writing because the bank is not a party to the other deal.
D)must be in writing because it benefits Dakota.

Question 40

Isaac and Holiday Fruit Company enter into an oral contract under which Isaac agrees to pro?vide delivery service for holiday Fruit for nine months.This con?tract is enforceable by

A)Isaac.
B)Holiday Fruit.
C)any interested third party,such as a Holiday Fruit customer.
D)none of the choices.

Question 41

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 supercedes all oral promises relating to the sale." Is the furniture part of the sale? Why or why not?

Question 42

Allied Corporation in Boston offers a job to Carol,who lives in Denver.Carol orally agrees to work for Allied 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 Allied for rein?statement or pay.Allied pleads the lack of a written con?tract.In whose favor is the court likely to rule,and why?