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Exam 18: Contracts in Writing

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Question 31

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[Not So Rich Uncle] Gabriel is attempting to convince Rachel to marry him. He promises her that if she will marry him, he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date. Rachel agrees, and they sign an agreement by which Gabriel agrees to provide the Mercedes and world tour. The agreement also included several clauses that discussed the distribution of other assets that may be acquired during the marriage in the event a dissolution of the marriage ever happened. Gabriel and Rachel marry on January 1. Unexpectedly, on March 1, Gabriel's supposedly rich uncle, Leo, dies. Leo has no living relatives other than Gabriel and has a will leaving everything to Gabriel who is also appointed executor. In attempting to settle the estate, Gabriel agrees orally to pay out of his own pocket debts of Leo totaling $10,000. Rachel is concerned about Gabriel's doing so. Gabriel tells her not to worry because he will get all the money back when the estate settles. Gabriel admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry and did not want anything to slow down probate. The assets were needed in large part to satisfy his obligations to Rachel. Surprisingly, it later came to light that prior to his death Leo had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Gabriel to inherit. Gabriel disavowed his agreement to pay the $10,000 to various creditors of Leo. -The agreement between Gabriel and Rachel before they married is known as a(n) :

A) Prenuptial agreement
B) Dissolution of marriage contract
C) Premarriage agreement
D) Agreement of marriage
E) Memorandum of marriage

F) A) and B)
G) None of the above

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Question 32

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Which of the following was the result in the Case Nugget in the text involving the dispute between Dr. Ralph M. Aurigemma and New Castle Care, LLC, involving whether an oral agreement entered into on September 4 involving Dr. Aurigemma serving as medical director from October 1 of that year until October 1 of the next year was enforceable?

A) That the contract was enforceable because agreements for professional services do not come within the protection of the statute of frauds.
B) That the contract was enforceable because of the partial-performance exception to the statute of frauds.
C) That the contract was not in writing and, therefore, could not be enforced.
D) That the contract could not be enforced because of the parol evidence rule.
E) That the contract could be enforced because of the parol evidence rule.

F) All of the above
G) B) and C)

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Question 33

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[Kids' debts] Marta agrees to buy Natasha's convertible, but Marta may be losing her job, in which case, her mother Lottie will pay pursuant to the terms of the contract Lottie signed. Jeb signs an agreement to pay for his son Byron's plastic surgery, if his son cannot afford the payments. Lucia agrees to sell her drumset to Marcus because Marcus' father said he will back the deal. -Which individuals would be considered to have secondary obligations?

Kendra owns a sporting goods store. She is in court because of a breach of contract lawsuit against her supplier. One of the terms of the contract is ambiguous. Would the court likely permit Kendra to testify as to oral conversations about the ambiguous terms of the contract?

Contracts related to an interest in land are within the scope of the statute of frauds and are to be evidenced by a writing.

Which of the following is false regarding the parol evidence rule?

As discussed in the text, a main purpose of the ________ is to prevent unreliable oral evidence from interfering with a contractual relationship.

What are the eight exceptions to the parol evidence rule?

Lima called Mark and asked him to build her another custom dresser for her house like one he had previously built. Lima decided she didn't want it after Mark tried to deliver it. She tells Mark they have no contract. Is she correct?

All states except ________ and ________ adhere to the admission exception to the statute of frauds.

Truduea and Melania have negotiated an agreement to buy computer parts for Melania's business. In order to satisfy the UCC's writing requirements, what must be included in their written agreement?

Jacob has insurance with Big Insurer. Jacob has a wreck with Selena. The adjuster for Big Insurer orally agrees to pay Selena $1,000 for the damage to her car. The adjuster, however, gets in trouble with his boss for agreeing to pay too much. He tells Selena that he is backing out of the deal because the agreement is unenforceable on the basis that the statute of frauds requires that a contract to pay the debt of another be in writing. Is the adjuster correct? Why or why not?

Under which of the following circumstances would a partial-performance exception not apply?

Define the term "admission" in relation to contracts under the statute of frauds. Discuss the pros and cons of the rule on admissions, and whether you think courts should recognize admissions.

Whenever a written agreement under the statute of frauds contains a serious, and obvious, typographical error, parol evidence is admissible to demonstrate that the error was indeed an error, as well as to set forth the proper term.

[Not So Rich Uncle] Gabriel is attempting to convince Rachel to marry him. He promises her that if she will marry him, he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date. Rachel agrees, and they sign an agreement by which Gabriel agrees to provide the Mercedes and world tour. The agreement also included several clauses that discussed the distribution of other assets that may be acquired during the marriage in the event a dissolution of the marriage ever happened. Gabriel and Rachel marry on January 1. Unexpectedly, on March 1, Gabriel's supposedly rich uncle, Leo, dies. Leo has no living relatives other than Gabriel and has a will leaving everything to Gabriel who is also appointed executor. In attempting to settle the estate, Gabriel agrees orally to pay out of his own pocket debts of Leo totaling $10,000. Rachel is concerned about Gabriel's doing so. Gabriel tells her not to worry because he will get all the money back when the estate settles. Gabriel admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry and did not want anything to slow down probate. The assets were needed in large part to satisfy his obligations to Rachel. Surprisingly, it later came to light that prior to his death Leo had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Gabriel to inherit. Gabriel disavowed his agreement to pay the $10,000 to various creditors of Leo. -What is the most likely result of Gabriel's attempt to avoid his agreement to pay creditors of the estate out of his own pocket?

[Not So Rich Uncle] Gabriel is attempting to convince Rachel to marry him. He promises her that if she will marry him, he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date. Rachel agrees, and they sign an agreement by which Gabriel agrees to provide the Mercedes and world tour. The agreement also included several clauses that discussed the distribution of other assets that may be acquired during the marriage in the event a dissolution of the marriage ever happened. Gabriel and Rachel marry on January 1. Unexpectedly, on March 1, Gabriel's supposedly rich uncle, Leo, dies. Leo has no living relatives other than Gabriel and has a will leaving everything to Gabriel who is also appointed executor. In attempting to settle the estate, Gabriel agrees orally to pay out of his own pocket debts of Leo totaling $10,000. Rachel is concerned about Gabriel's doing so. Gabriel tells her not to worry because he will get all the money back when the estate settles. Gabriel admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry and did not want anything to slow down probate. The assets were needed in large part to satisfy his obligations to Rachel. Surprisingly, it later came to light that prior to his death Leo had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Gabriel to inherit. Gabriel disavowed his agreement to pay the $10,000 to various creditors of Leo. -Regarding Gabriel's promises to Rachel of a Mercedes and a trip, which of the following is true?

Written contracts intended to be the complete and final representation of the parties' agreement are what kind of contracts?

What did the appellate court rule in the case in the text, Power Entertainment, Inc., et. al. v. National Football League Properties, Inc., involving the enforceability of an alleged oral agreement by which the plaintiff assumed a third party's debt owed to the defendant in return for the defendant transferring a licensing agreement to the plaintiff?

Merger clauses are considered by all courts to be conclusive proof of a contract.