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Exam 15: Contracts in Writing

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Question 41

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The parol evidence rule applies to partially written agreements.

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Question 42

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Jim promises to marry Cynda if she will buy him a new Ferrari for his birthday. This promise must be in writing to be enforceable.

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Question 43

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The statute of frauds does not prevent the performance of oral contracts if the parties are willing to perform.

Yukino pays $500 toward the purchase of a boat from Tyler. Although their agreement for the sale of the boat for $2,200 is oral, courts agree that her part payment and its acceptance by Tyler make the contract enforceable.

Define the statute of frauds and give an example.

The test under the one-year provision of the statute of frauds is based on the likelihood that the contract will be completed within one year.

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

Under the Code an oral contract for specially manufactured goods costing $500 is enforceable even if the seller has not begun their manufacture.

E-Sign provides consumers must:

Stan orally agreed to sell his house to Humphrey and Humphrey made a down payment. Humphrey wanted it ready for his family quickly, so he had a new roof put on, new carpeting installed, and renovated the kitchen. Stan now thinks the place looks great and has decided not to sell. A business law student told him he could refuse to sell because the agreement was oral. Can he? Explain.

Which of the following need NOT be contained in a memorandum, which satisfies the general statute of frauds writing requirement?

Clara types a letter to David setting forth the terms of their contract that falls within the statute of frauds. At the end of the letter, she types her name but does not sign her signature to it. If David wants to use the letter to satisfy the writing requirement, he may do so.

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

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

Under the parol evidence rule, which of the following types of evidence may be used to vary or contradict the written agreement?

A contract contains a provision that states it will be effective for a "year." The plaintiff in a lawsuit claims that a "year" is obviously 12 months. The defendant claims that the contract meant a 10-month school year. Parol evidence:

In order to be sufficient, an agreement required to be written under the statute of frauds must be signed at the bottom and notarized.

On March 1, Sara, a student, received a telephone call from ComputerChip, Inc. offering her a job for one year beginning on June 15, after completion of the school year. According to the personnel manager, she will have to move to California and be ready to start work at 8:00 A) Yes, because the job offer is a collateral promise A)m. on June 15. Should Sara ask for a letter confirming the telephone conversation if she accepts the offer immediately? B) Yes, because the job offer is covered by the parol evidence rule C) Yes, because the job offer is for longer than one year from March 1 D) No, because the job offer is for one year from June 15

An example of language creating a suretyship as meant under the statute of frauds would be the following: "If my business partner does not write out the check for the supply bill for our company, I will."

To satisfy the statute of frauds, the person who wants to bring the lawsuit must sign a memorandum.