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Exam 15: Contracts in Writing

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Question 41

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Clara types a letter to Fraser 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 Fraser wants to use the letter to satisfy the writing requirement, he may do so.

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Question 42

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Which of the following is true regarding noncompliance with the statute of frauds?

A) The doctrine of promissory estoppel cannot displace the requirement of a writing under a statute of frauds.
B) The statute of frauds applies to executed and executory contracts.
C) The basic legal effect under the statute of frauds and the UCC differs.
D) A party to a contract which was unenforceable because of the statute of frauds but who relied upon the contract may recover in restitution the benefits he conferred on the other party.

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Question 43

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In which of the following situations does the parol evidence rule not apply?

Under the UCC, a(n) __________ is a practice or method of dealing regularly observed and followed in a place or vocation or trade.

The UCC statute of frauds requires that the writing include all agreed-upon terms.

The statute of frauds generally requires that both parties sign the writing.

Sam orally agreed to sell his house to Humphrey.Humphrey wanted it ready for his family quickly, so after he paid Sam a 5% deposit, he had a new roof put on, new carpeting installed, and he renovated the kitchen.Sam now thinks the place looks great and has decided not to sell.A business law student told him he could back out of the oral agreement.Can he? Explain.

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.

Richard agrees to supply Henry with all his needs of specially made shampoo for Henry's beauty salon.Henry believes that Richard is a representative of a famous hair products company, but he finds a letter to a competitor written by Richard two days before Henry's agreement with Richard was signed, proving that Richard is a fraud.Richard says that this letter may not be admitted in court since their contract is wholly integrated.Is he correct?

The UCC permits an oral agreement for the sale of goods to be enforced against a party who admits to the contract in court, even though the statute of frauds requires the agreement in writing.

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."

In which of the following cases would an oral contract be enforceable without a written memorandum?

Under the UCC, a(n) __________ is a sequence of previous conduct between the parties to an agreement which may be fairly regarded as establishing a common basis of understanding for interpreting their conduct under the contract.

Barry's Sport Shop calls Champion Tee Shirt Company to order 200 designer tee shirts at $2 per shirt.The next day, Barry decides he can easily sell 100 more.Before the order is filled, he calls to change the order to 300 tee shirts.Champion sends 200.Can Barry force Champion to send the additional 100?

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

The statute of frauds has to do with fraud in the inducement of a contract.

In interpreting a contract, terms which have been separately negotiated are given priority over standardized pre-printed terms.

In an employment agreement with Carl, Arnold promises to work for Carl for the rest of his life.This promise must be in writing or in proper electronic form to be enforceable.

Which of the following is a collateral promise?

Gardner sends Everet a letter offering to sell Everet his car for $2,500.Everet writes back that he'll take it.They now must get together and write a memorandum because it is a sale of goods for over $500.