Question 1

In the U.S. ,the requirements for what falls within the statue of frauds is expanding,while in England almost all their requirements for a writing have been repealed.

Accepted Answer

A) True 
 B)False

Question 2

Within the statute of frauds,"land" encompasses not only the land and soil itself but anything ________ to the land.

Accepted Answer

A)  Attached
B)  Contracted
C)  Pertinent
D)  Relating
E)  AdjacentF) C) and E)
G) C) and D)

Question 3

A[n] agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

Accepted Answer

A)  Prenuptial
B)  Approved
C)  Preliminary
D)  Planned
E)  ArrangedF) B) and E)
G) D) and E)

Question 4

Parol evidence is admissible when a court deems a contract integrated.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is a term for contracts within the statute of frauds involving promises to pay a debt of another if the initial party fails to pay?

Accepted Answer

A)  Primary debts
B)  Primary promises
C)  Commercial promises
D)  Secondary obligations
E)  Third-party debtsF) B) and D)
G) A) and C)

Question 6

Which of the following contracts would fall within the statute of frauds and therefore requires a writing?

Accepted Answer

A)  On June 15,Luigi hires Vela to work for him for one year,starting the next day
B)  On June 15,Luigi hires Vela to work for him for one year,starting July 1.
C)  On June 15,Luigi hires Vela to work for him for six months,starting November 1.
D)  On June 15,Luigi hires Vela to work for him for six months,starting December 15.
E)  On June 15,Luigi hires Vela to work for him for one year,starting immediately.F) A) and B)
G) D) and E)

Question 7

A[n] is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

Accepted Answer

A)  Interrogatory
B)  Submission
C)  Deposition
D)  Admission
E)  ConfirmationF) A) and C)
G) B) and E)

Question 8

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?

Accepted Answer

A)  That the oral agreement fell outside the statute of frauds if the plaintiff satisfied the main purpose doctrine.
B)  That the oral agreement fell outside the statute of frauds if the plaintiff satisfied the parol evidence rule.
C)  That the plaintiff could recover as a matter of law because the statute of frauds does not apply to suretyship agreements.
D)  That the plaintiff was barred from recovery by the suretyship provision of the statute of frauds.
E)  That the plaintiff could recover because the original agreement between the third party and the defendant was in writing.F) A) and D)
G) B) and D)

Question 9

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.

Accepted Answer

A) True 
 B)False

Question 10

Under the Agent Negotiation rule,if a contract falls within the statute of frauds if negotiated by one person,it must also be in writing even if negotiated by the person's agent.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is not a type of contract within the statute of frauds that concerns a promise to pay a debt?

Accepted Answer

A)  Suretyship promise.
B)  Promissory estoppel.
C)  Secondary promise.
D)  Collateral promise.
E)  Secondary obligation.F) D) and E)
G) A) and E)

Question 12

What is necessary in order to satisfy the UCC's requirement for a written document?

Accepted Answer

A)  The contract or memorandum needs to state the price of the goods,the quality of the goods,and also the quantity to be sold.
B)  The contract or memorandum needs only to state the quantity to be sold.
C)  The contract or memorandum needs to state the price of the goods and the quality of the goods,but not the quantity to be sold.
D)  The contract or memorandum needs only to state the price of the goods.
E)  The contract or memorandum needs only to state the quality of the goods.F) All of the above
G) A) and D)

Question 13

Colin and Natalie orally agreed with Medical Center X for an in vitro fertilization procedure that would not result in the birth of an autistic child.They later signed a written contract stating that the medical center could not promise an absence of physical or mental defects and assumed no responsibility for such defects.The child conceived had autism.Which of the following is the most likely result of the parents' suit for breach of the oral agreement if the court follows the decision Scalisi et al.v.New York University Medical Center discussed in the text?

Accepted Answer

A)  The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving evidence of prior dealings or usage of trade.
B)  The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts conditioned on orally agreed upon terms.
C)  The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are not final as they are part written and part oral.
D)  The medical center will prevail based upon the written contract.
E)  The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete.F) None of the above
G) C) and D)

Question 14

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?

Accepted Answer

A)  No,but she could provide additional writings.
B)  No,because there is a written contract.
C)  No,because it would modify the contract.
D)  Yes,but only to clarify the ambiguous contract terms.
E)  Yes,where ambiguous terms exist,she may provide oral evidence that modifies the contract.F) A) and B)
G) C) and D)

Question 15

[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.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 marriage agreement between Gabriel and Rachel is known as what kind of agreement?

Accepted Answer

A)  Marriage consideration agreement
B)  Marital solution agreement
C)  Marriage acknowledgement agreement
D)  Prenuptial agreement
E)  Marital dissolution agreementF) A) and C)
G) A) and B)

Question 16

Regarding Gabriel's promises to Rachel of a Mercedes and a trip,which of the following is true?

Accepted Answer

A)  The promises fall within the statute of frauds.
B)  The promises do not fall within the statute of frauds because they involve material matters,not matters involving home and children.
C)  The promises would have fallen within the statute of frauds in earlier times in history,but would not fall within the statute of frauds in this day and time.
D)  The promises do not fall within the statute of frauds unless Rachel can prove that she would not have married Gabriel without the assurance of the Mercedes and the trip.
E)  The promises fall within the statute of frauds unless Gabriel can prove that Rachel would have married him without the assurance of the Mercedes and the trip.F) D) and E)
G) C) and D)

Question 17

All parties to a contract must sign the writing in order for the statute of frauds to be satisfied.

Accepted Answer

A) True 
 B)False

Question 18

On February 1,Dorian Winn,a publisher,hires Travis to write twenty books of a novel-series,each over a thousand pages long.Travis laughs,saying that it could take a year just to write one of the books.Travis also says that the oral contract for the project wouldn't be valid anyway.Is Travis correct?

Accepted Answer

A)  Yes,if it is over $500.
B)  Yes,because even if he worked around the clock for a year,it is highly unlikely the contract can be performed within a year.
C)  No,because contracts that cannot be performed within a year are outside the statute of frauds.
D)  No,because even though highly unlikely,the project can theoretically be completed within one year and does not have to be in writing.
E)  Yes,because contracts that cannot be performed within a year fall within the statute of frauds and must be in writing.F) B) and C)
G) B) and E)

Question 19

In the "parol evidence rule," what does the term "parol" mean?

Accepted Answer

A)  Oral speech as opposed to written words
B)  Written words as opposed to oral speech
C)  Signature required
D)  Words establishing penalties
E)  Speech or words,specifically words outside the original writingF) A) and B)
G) A) and C)

Question 20

Which of the following statements is true about the likelihood of the secondary obligations being enforced?

Accepted Answer

A)  The agreement could be enforced against Lottie and Marcus' father.
B)  Marcus' father did not sign a writing,so the agreement cannot be enforced against him under any circumstances.
C)  The agreements could be enforced against Jeb and Marcus' father.
D)  All of the agreements can be enforced because they are secondary obligations.
E)  Since Lottie and Jeb signed agreements,those obligations could be enforced.F) C) and D)
G) A) and E)

Exam 18: Contracts in Writing

All parties to a contract must sign the writing in order for the statute of frauds to be satisfied.

Correct Answer
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Under the Agent Negotiation rule,if a contract falls within the statute of frauds if negotiated by one person,it must also be in writing even if negotiated by the person's agent.

Correct Answer
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A[n] is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

Correct Answer
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Correct Answer
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Regarding Gabriel's promises to Rachel of a Mercedes and a trip,which of the following is true?

Correct Answer
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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?

Correct Answer
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Parol evidence is admissible when a court deems a contract integrated.

Correct Answer
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What is necessary in order to satisfy the UCC's requirement for a written document?

Correct Answer
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Correct Answer
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Which of the following statements is true about the likelihood of the secondary obligations being enforced?

Correct Answer
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Correct Answer
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Which of the following is not a type of contract within the statute of frauds that concerns a promise to pay a debt?

Correct Answer
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In the "parol evidence rule," what does the term "parol" mean?

Correct Answer
verified

On February 1,Dorian Winn,a publisher,hires Travis to write twenty books of a novel-series,each over a thousand pages long.Travis laughs,saying that it could take a year just to write one of the books.Travis also says that the oral contract for the project wouldn't be valid anyway.Is Travis correct?

Correct Answer
verified

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.

Correct Answer
verified

Which of the following contracts would fall within the statute of frauds and therefore requires a writing?

Correct Answer
verified

In the U.S. ,the requirements for what falls within the statue of frauds is expanding,while in England almost all their requirements for a writing have been repealed.

Correct Answer
verified

Which of the following is a term for contracts within the statute of frauds involving promises to pay a debt of another if the initial party fails to pay?

Correct Answer
verified

A[n] agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

Correct Answer
verified

Within the statute of frauds,"land" encompasses not only the land and soil itself but anything ________ to the land.

Correct Answer
verified

Exam 18: Contracts in Writing

All parties to a contract must sign the writing in order for the statute of frauds to be satisfied.

Correct AnswerverifiedShow Answer

Under the Agent Negotiation rule,if a contract falls within the statute of frauds if negotiated by one person,it must also be in writing even if negotiated by the person's agent.

Correct AnswerverifiedShow Answer

A[n] is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Regarding Gabriel's promises to Rachel of a Mercedes and a trip,which of the following is true?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Parol evidence is admissible when a court deems a contract integrated.

Correct AnswerverifiedShow Answer

What is necessary in order to satisfy the UCC's requirement for a written document?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following statements is true about the likelihood of the secondary obligations being enforced?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is not a type of contract within the statute of frauds that concerns a promise to pay a debt?

Correct AnswerverifiedShow Answer

In the "parol evidence rule," what does the term "parol" mean?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

Which of the following contracts would fall within the statute of frauds and therefore requires a writing?

Correct AnswerverifiedShow Answer

In the U.S. ,the requirements for what falls within the statue of frauds is expanding,while in England almost all their requirements for a writing have been repealed.

Correct AnswerverifiedShow Answer

Which of the following is a term for contracts within the statute of frauds involving promises to pay a debt of another if the initial party fails to pay?

Correct AnswerverifiedShow Answer

A[n] agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

Correct AnswerverifiedShow Answer

Within the statute of frauds,"land" encompasses not only the land and soil itself but anything ________ to the land.

Correct AnswerverifiedShow Answer

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