Filters
Question type

Study Flashcards

Which of the following promises does not have to be evidenced by a writing or electronic record in order to be enforceable?


A) Jones's agreement with Smith to sell his condominium for $100,000.
B) Stewart's promise to work for Austin for a two-year period.
C) Dad's promise to the credit union that he will make payments on his son's truck.
D) Mindy's agreement with Susan to buy her bike for $400.

Correct Answer

verifed

verified

The part performance exception to the land contract provision of the statute of frauds in many states requires both that the transferee has paid a portion of the purchase price and has either taken possession of the real estate or has started to make valuable improvements on it.

Correct Answer

verifed

verified

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


A) Prior oral or written agreements.
B) Contemporaneous oral or written agreements that change the contract.
C) Subsequent oral or written agreements modifying the original agreement.
D) Two of these but not all three.

Correct Answer

verifed

verified

Tom's bank is threatening to repossess his car. Tom's mother notifies the bank that she promises to pay the bank if Tom defaults on the loan. This promise must be in writing or have a sufficient electronic record to be enforceable.

Correct Answer

verifed

verified

An employment contract that is in any way capable of being performed within one year from the date of the agreement falls within the requirements of the statute of frauds.

Correct Answer

verifed

verified

Identify at least six situations in which the parol evidence rule does not apply.

Correct Answer

verifed

verified

The text identifies eight situations in ...

View 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 Answer

verifed

verified

Under E-Sign, an electronic agent:


A) is a computer program or other automated means used independently to initiate an action or respond to electronic records or performances.
B) is an individual who uses electronic means to initiate an action or respond to electronic records or performance.
C) is an electronic sound, symbol, or process attached to or logically associated with a contract or other record.
D) may not form a contract without an individual's reviewing the terms.

Correct Answer

verifed

verified

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

Correct Answer

verifed

verified

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

Correct Answer

verifed

verified

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


A) In consideration of Joan's promising to marry him, Dwight 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.

Correct Answer

verifed

verified

In which of the following cases will an oral contract for the sale of goods of $750 be enforceable without a writing?


A) The goods are to be specially manufactured for the buyer and the seller has made a substantial beginning of their manufacture.
B) A party admits in an answer to a complaint in a lawsuit that the contract was made.
C) Delivery and acceptance of the goods has been made.
D) All of the above.

Correct Answer

verifed

verified

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.

Correct Answer

verifed

verified

Under the Restatement and the Code, when can supplemental evidence be used with a written contract?

Correct Answer

verifed

verified

Although an integrated written agreement...

View Answer

The statute of frauds applies to executory contracts only.

Correct Answer

verifed

verified

The word "parol" literally means release.

Correct Answer

verifed

verified

General contract law states that contracts that have to be in writing must:


A) specify the parties to the contract.
B) specify the subject matter and essential terms.
C) be signed by the party to be charged or by his\her agent.
D) All of these.

Correct Answer

verifed

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

verifed

verified

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


A) The basic legal effect under the statute of frauds and the UCC differs.
B) The statute of frauds applies to executed and executory contracts.
C) 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.
D) The doctrine of promissory estoppel cannot displace the requirement of a writing under a statute of frauds.

Correct Answer

verifed

verified

Showing 61 - 79 of 79

Related Exams

Show Answer