Question 1

The test under the one-year provision of the statute of frauds is whether the terms of the contract make it possible for performance to occur within one year.

Accepted Answer

A) True 
 B)False

Question 2

Chris receives a printed form in the mail from Wyandott Heating indicating that he has placed a telephone order for a $600 heater.He doesn't recall placing the order.Which of the following is correct?

Accepted Answer

A)  Wyandott can hold Chris to the order.
B)  Chris can hold Wyandott to the order.
C)  Neither party is bound, because there is no signed writing.
D)  Chris is bound if he makes no objection within 10 days.E) None of the above
F) A) and B)

Question 3

When a court interprets an ambiguous contract, usage of the trade will take precedence over express terms in the contract.

Accepted Answer

A) True 
 B)False

Question 4

Brightstone Co.and Allsale Co.enter an oral contract providing Allsale will provide 100 dozen toys at $50 per dozen to Brightstone.Brightstone faxes a letter to Allsale acknowledging the agreement, but stating only the quantity, not the price.Allsale:

Accepted Answer

A)  cannot raise the defense of the statute of frauds if Allsale did not object to the letter within ten days after receiving it.
B)  cannot raise the defense of the statute of frauds since it is a merchant.
C)  can raise the defense of the statute of frauds since the oral agreement was for the sale of goods with a price of $500 or more.
D)  can raise the defense of the statute of frauds since the writing did not contain all the material terms of the agreement.E) A) and B)
F) A) and C)

Question 5

A party to a contract that is unenforceable because of the statute of frauds may be able to recover in restitution the benefits conferred on the other party in reliance on the unenforceable contract.

Accepted Answer

A) True 
 B)False

Question 6

The statute of frauds requires all contracts that can be fully performed within one year of their making to be in writing or proper electronic form.

Accepted Answer

A) True 
 B)False

Question 7

The parol evidence rule is an exclusionary rule of evidence.

Accepted Answer

A) True 
 B)False

Question 8

Explain what the parol evidence rule is and when it is used.

Accepted Answer

Parol evidence is oral or written evidence outside a written contract and not incorporated into it directly or by reference.When a contract is expressed in a writing that is intended to be the complete and final expression of the rights and duties of the parties, parol evidence of prior oral or written negotiations or agreements of the parties, or contemporaneous oral agreements that vary the written contract, are not admissible.The parol evidence rule is a rule of substantive law that defines the limits of a contract.

Question 9

Under the UCC statute of frauds, which of the following terms must be included in a writing in order to satisfy the writing requirement?

Accepted Answer

A)  The price of the goods
B)  The quantity of the goods
C)  The signatures and names of the buyer and the seller
D)  The time and place for deliveryE) B) and C)
F) B) and D)

Question 10

The parol evidence rule applies only to integrated contracts, meaning those in which the parties have assented to the written agreement as the statement of the complete agreement between them.

Accepted Answer

A) True 
 B)False

Question 11

A collateral promise is an undertaking to be primarily liable for the principal debtor's debt.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following would NOT require a writing under the statute of frauds?

Accepted Answer

A)  Where the buyer of a five-acre lot pays the $40,000 purchase price, thus fully performing his obligation
B)  Where a renter agrees to rent a building for a 5-year period
C)  Where a contractor enters into an agreement for an easement across adjoining land to run cables
D)  Where a landscaper agrees to landscape the lot surrounding an office buildingE) B) and D)
F) C) and D)

Question 13

In order to induce a car dealer to sell her son a car on credit, Mary promises that she will pay for the son's car if the son defaults on his monthly payments to the dealership.Mary's promise must be in writing or have a sufficient electronic record.

Accepted Answer

A) True 
 B)False

Question 14

Sam, a shopkeeper, dies unexpectedly at the age of 46.His lifelong business associate, Paul, is appointed the administrator of the estate.Sam had a personal debt of $8,000 which he owed to Art's Appliance Store.Paul says to Art, "If there isn't enough money in the estate, I'll personally see that the bill is paid." Which of the following is correct?

Accepted Answer

A)  The oral statement is enforceable because Paul is the administrator.
B)  An oral statement such as this is not enforceable because it is outside the statute of frauds.
C)  An oral statement such as this is not enforceable because this promise is within the statute of frauds.
D)  The oral statement is enforceable because it is a collateral promise.E) B) and C)
F) A) and D)

Question 15

The English statute of frauds and the Code's provision differ in language but have the same basic legal effect: an
oral contract for certain identified situations is void.

Accepted Answer

A) True 
 B)False  False

Question 16

The executor-administrator provision applies to promises of an executor of a decedent's will to the decedent's creditors.

Accepted Answer

A) True 
 B)False

Question 17

In determining the meaning of a contract under the UCC, which of the following will have first priority?

Accepted Answer

A)  Course of performance
B)  Course of dealing
C)  Usage of trade
D)  Express termsE) B) and C)
F) B) and D)

Question 18

In states that have adopted it, the UETA:

Accepted Answer

A)  encourages and gives full effect to electronic contracts.
B)  gives full effect to emergency transactions.
C)  supplements and covers all of the UCC.
D)  covers wills, codicils, and testamentary trusts.E) A) and B)
F) C) and D)

Question 19

The main purpose doctrine is an exception developed by the courts to the suretyship provision.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following promises in consideration of marriage would be outside the statute of frauds?

Accepted Answer

A)  In consideration of Joan's promising to marry him, a man promises to pay her an allowance and to give her all of his property upon his death.
B)  John and Mary mutually agree that their marriage shall not affect the existing property rights of the other.
C)  John and Joan mutually promise to marry each other in a formal ceremony on June 23.
D)  Joan promises to release a money judgment against Steven in consideration of his marrying her.E) A) and D)
F) C) and D) C

Exam 15: Contracts in Writing

The test under the one-year provision of the statute of frauds is whether the terms of the contract make it possible for performance to occur within one year.

Correct Answer
verified

Chris receives a printed form in the mail from Wyandott Heating indicating that he has placed a telephone order for a $600 heater.He doesn't recall placing the order.Which of the following is correct?

Correct Answer
verified

When a court interprets an ambiguous contract, usage of the trade will take precedence over express terms in the contract.

Correct Answer
verified

Brightstone Co.and Allsale Co.enter an oral contract providing Allsale will provide 100 dozen toys at $50 per dozen to Brightstone.Brightstone faxes a letter to Allsale acknowledging the agreement, but stating only the quantity, not the price.Allsale:

Correct Answer
verified

A party to a contract that is unenforceable because of the statute of frauds may be able to recover in restitution the benefits conferred on the other party in reliance on the unenforceable contract.

Correct Answer
verified

The statute of frauds requires all contracts that can be fully performed within one year of their making to be in writing or proper electronic form.

Correct Answer
verified

The parol evidence rule is an exclusionary rule of evidence.

Correct Answer
verified

Explain what the parol evidence rule is and when it is used.

Under the UCC statute of frauds, which of the following terms must be included in a writing in order to satisfy the writing requirement?

Correct Answer
verified

The parol evidence rule applies only to integrated contracts, meaning those in which the parties have assented to the written agreement as the statement of the complete agreement between them.

Correct Answer
verified

A collateral promise is an undertaking to be primarily liable for the principal debtor's debt.

Correct Answer
verified

Which of the following would NOT require a writing under the statute of frauds?

Correct Answer
verified

In order to induce a car dealer to sell her son a car on credit, Mary promises that she will pay for the son's car if the son defaults on his monthly payments to the dealership.Mary's promise must be in writing or have a sufficient electronic record.

Correct Answer
verified

Correct Answer
verified

The English statute of frauds and the Code's provision differ in language but have the same basic legal effect: an oral contract for certain identified situations is void.

Correct Answer
verified
False

The executor-administrator provision applies to promises of an executor of a decedent's will to the decedent's creditors.

Correct Answer
verified

In determining the meaning of a contract under the UCC, which of the following will have first priority?

Correct Answer
verified

In states that have adopted it, the UETA:

Correct Answer
verified

The main purpose doctrine is an exception developed by the courts to the suretyship provision.

Correct Answer
verified

Which of the following promises in consideration of marriage would be outside the statute of frauds?

Correct Answer
verified
C

Exam 15: Contracts in Writing

The test under the one-year provision of the statute of frauds is whether the terms of the contract make it possible for performance to occur within one year.

Correct AnswerverifiedShow Answer

Chris receives a printed form in the mail from Wyandott Heating indicating that he has placed a telephone order for a $600 heater.He doesn't recall placing the order.Which of the following is correct?

Correct AnswerverifiedShow Answer

When a court interprets an ambiguous contract, usage of the trade will take precedence over express terms in the contract.

Correct AnswerverifiedShow Answer

Brightstone Co.and Allsale Co.enter an oral contract providing Allsale will provide 100 dozen toys at $50 per dozen to Brightstone.Brightstone faxes a letter to Allsale acknowledging the agreement, but stating only the quantity, not the price.Allsale:

Correct AnswerverifiedShow Answer

A party to a contract that is unenforceable because of the statute of frauds may be able to recover in restitution the benefits conferred on the other party in reliance on the unenforceable contract.

Correct AnswerverifiedShow Answer

The statute of frauds requires all contracts that can be fully performed within one year of their making to be in writing or proper electronic form.

Correct AnswerverifiedShow Answer

The parol evidence rule is an exclusionary rule of evidence.

Correct AnswerverifiedShow Answer

Explain what the parol evidence rule is and when it is used.

Under the UCC statute of frauds, which of the following terms must be included in a writing in order to satisfy the writing requirement?

Correct AnswerverifiedShow Answer

The parol evidence rule applies only to integrated contracts, meaning those in which the parties have assented to the written agreement as the statement of the complete agreement between them.

Correct AnswerverifiedShow Answer

A collateral promise is an undertaking to be primarily liable for the principal debtor's debt.

Correct AnswerverifiedShow Answer

Which of the following would NOT require a writing under the statute of frauds?

Correct AnswerverifiedShow Answer

In order to induce a car dealer to sell her son a car on credit, Mary promises that she will pay for the son's car if the son defaults on his monthly payments to the dealership.Mary's promise must be in writing or have a sufficient electronic record.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The English statute of frauds and the Code's provision differ in language but have the same basic legal effect: an oral contract for certain identified situations is void.

Correct AnswerverifiedFalse

The executor-administrator provision applies to promises of an executor of a decedent's will to the decedent's creditors.

Correct AnswerverifiedShow Answer

In determining the meaning of a contract under the UCC, which of the following will have first priority?

Correct AnswerverifiedShow Answer

In states that have adopted it, the UETA:

Correct AnswerverifiedShow Answer

The main purpose doctrine is an exception developed by the courts to the suretyship provision.

Correct AnswerverifiedShow Answer

Which of the following promises in consideration of marriage would be outside the statute of frauds?

Correct AnswerverifiedC

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False

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C