Deck 14: The Statute of Fraudswriting Requirement

Question 1

A contract that has not been fully performed by the end of a year from the day of its making must be rewritten to continue in force.

Answer 1

False

Question 2

A contract that by its own terms cannot be performed within a year must be in writing to be enforceable.

Answer 2

True

Question 3

All collateral promises must be in writing to be enforceable.

Answer 3

False

Question 4

A contract involving a sale is the only contract relating to an interest in land that must be in writing to be enforceable.

Question 5

The Statute of Frauds requires that fraud must be proved by a writing.

Question 6

Under the Statute of Frauds,all written contracts are enforceable.

Question 7

A party's oral agreement to pay another's debt is enforceable if the party's main purpose is to derive a benefit for himself or herself.

Question 8

A party's oral agreement to pay another's debt is never enforceable.

Question 9

A written contract for a transfer of land is enforceable.

Question 10

A contract does not need to be in writing to be enforceable if its performance is possible within any definite period of time.

Question 11

A contract must be in writing to be enforceable unless its performance is impossible within one year.

Question 12

A contract may have to be in writing to be enforceable even if its performance is possible within a year.

Question 13

A contract must be in writing to be enforceable if its performance is possible within one year.

Question 14

Under the Statute of Frauds,oral contracts are void.

Question 15

A contract involving a lease of land does not need to be in writing to be enforceable.

Question 16

A contract involving property of any kind must be in writing to be enforceable.

Question 17

An oral contract for a sale of goods priced at $499.99 must be in writing to be enforceable.

Question 18

A contract for a sale of goods priced at $499 or less does not need to be in writing to be enforceable.

Question 19

No collateral promise needs to be in writing to be enforceable.

Question 20

Under the Statute of Frauds,all contracts induced by fraud must be in writing to be enforceable.

Question 21

An oral contract for a sale of land may be enforceable if the contract has been partially performed.

Question 22

Evidence of prior agreements that differ from the written terms of a contract can be introduced in court to alter the contract.

Question 23

An oral contract is not enforceable unless the parties admit to its existence in court.

Question 24

An integrated contract is the final embodiment of the terms of an agreement.

Question 25

Oral evidence of otherwise clear terms in a contract can be introduced at a trial to contradict those terms.

Question 26

To be enforceable,a contract for a sale of goods ay any price must be in writing.

Question 27

To be enforceable,a writing evidencing an oral contract that would otherwise be unenforceable must include essential terms.

Question 28

Parol evidence includes oral evidence that is outside a written contract and not incorporated into the contract expressly or by reference.

Question 29

To be enforceable,a writing evidencing an oral contract that would otherwise be unenforceable must be signed by the party who seeks to enforce it.

Question 30

A prenuptial agreement does not have to be in writing to be enforceable.

Question 31

Kirk Custodial Service and Green Energy Company enter into an oral contract under which Kirk agrees to provide custodial service for Green's facilities for two years.This contract is enforceable by

A)Kirk.
B)Green.
C)any interested third party,such as a janitorial supplies provider.
D)none of the choices.

Question 32

Lyra induces Moe to enter into a contract for the sale of an apartment about which Lyra fraudulently misrepresents a number of material facts.Lyra tells Moe that her commission is 6 percent,but their signed,written contract states "12 percent." The Statute of Frauds governs

A)contracts that are induced by fraud.
B)contracts that must be in writing to be enforceable.
C)the admissibility in court of oral evidence.
D)the reformation of oral and written statements into one contract.

Question 33

There are no exceptions to the Statute of Frauds.

Question 34

Timber,Inc.,and Wood Corporation enter into an oral contract for the sale of a lumber mill and the land on which it is situated from Timber to Wood.Under the Statute of Frauds,this contract is enforceable by

A)the seller.
B)the buyer.
C)any interested third party,such as the mortgagee or title company.
D)none of the choices.

Question 35

To be enforceable,a writing evidencing an oral contract that would otherwise be unenforceable must include every term.

Question 36

Oral evidence of the meaning of a contract with incomplete terms can be introduced at a trial.

Question 37

An integrated contract is a contract with more than one subject or part.

Question 38

Stuffed Fauna,Inc.,and Taxidermy Storage Company enter into a long-term lease for a warehouse.To be enforceable,the lease

A)must be in writ?ing.
B)must be in writ?ing only if the lease is valued at $500 or more.
C)must be in writing only if the lease is for longer than one year.
D)need not be in writing.

Question 39

Oral evidence of the modification of a contract after its making can be introduced at a trial.

Question 40

Crestview Properties.Inc.,and Deft Investment Corporation enter into a contract for a sale of land.To be enforceable,the contract must be in writing if the land is valued at

A)more than $500.
B)more than $5,000.
C)more than $50,000.
D)any price.

Question 41

Beta Grocers orders by phone twenty cartons of canned beets from Carotene Food Packers,Inc.After ten cartons are delivered and accepted,Beta repudiates the contract.Carotene can enforce the contract to

A)any extent because the order was placed orally.
B)no extent because the order was placed orally.
C)the extent of the ten accepted cartons.
D)the extent of the twenty ordered cartons.

Question 42

Garden & Yard Landscaping enters into an oral contract with Penelope under which she agrees to work on a Garden & Yard project on Valley Country Club's golf course for sixteen months.The contract is enforceable by

A)Garden & Yard.
B)Penelope.
C)any interested third party,such as Valley Country Club.
D)none of the choices.

Question 43

Cody and Debora enter into an oral contract under which Cody agrees to work on Debora's ranch for not less than ten days.This contract is enforceable by

A)Cody only.
B)Debora only.
C)either party.
D)neither party.

Question 44

Ewald and First Star Company enter into an oral contract under which Ewald agrees to provide delivery service for First Star for nine months.This contract is enforceable by

A)Ewald only.
B)either party.
C)First Star only.
D)neither party.

Question 45

Uri and Vicky orally agree on the sale of Uri's Nite Club to Vicky and note terms on a pair of the Club's napkins,which they both sign.A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain

A)every term.
B)the essential terms.
C)the preliminary terms.
D)the qualitative terms.

Question 46

Ilsa and Jiffy Loan Company enter into an oral contract under which Ilsa agrees to pay Kyle's debt if he does not.Ilsa does not get any personal benefit from the agreement.This contract is enforceable by

A)any party.
B)Jiffy only.
C)Jiffy or Kyle.
D)none of the parties.

Question 47

Lem buys a used MP3 player for $50 and a new laptop for $1,500,and signs a one-year employment contract for a $4,000 monthly salary to start at the beginning of the next month.The Statute of Frauds covers

A)the employment contract,and the laptop and MP3 purchases.
B)the employment contract and the laptop purchase only.
C)the employment contract only.
D)the laptop and MP3 purchases only.

Question 48

Elle buys a new textbook for $100 and a used car for $5,000,and signs a one-year lease for an apartment for $1,000 monthly rent to start at the beginning of the next month.The Statute of Frauds covers

A)the apartment lease,and the textbook and car purchases.
B)the apartment lease and the car purchase only.
C)the apartment lease only.
D)the textbook and car purchases only.

Question 49

Delta,Inc.,agrees to assume a debt of Evenflo Company to First State Bank.The agreement is not in writing.To be enforceable,the promise must be for the benefit of

A)any party.
B)Delta.
C)Evenflo.
D)First State.

Question 50

Pablo and Melia enter into an oral contract for Pablo's sale to Melia of a laptop computer for $400.Assuming the terms can be proved,the contract is enforceable by

A)the seller or the buyer.
B)the manufacturer of the laptop.
C)any third party who overheard the parties making the agreement.
D)none of the choices.

Question 51

Natalie agrees to assume Orina's debt to Consumer Credit Corporation.Natalie does not get any personal benefit for the agreement.To be enforceable,the promise must be in writing if the debt is for

A)more than $500.
B)more than $5,000.
C)more than $50,000.
D)any amount.

Question 52

Chocolate Bites,Inc.,and Delite Distribution,Inc.,sign a written contract for a sale of goods.To be enforceable,this written contract must include

A)a correct title,such as "Purchase Order" or "Sales Invoice."
B)a declaration of the subject matter.
C)a quantity term.
D)the parties' names.

Question 53

Clay buys an MP3 player for $200 and a pair of stereo speakers for $600 from a Discount City store,and downloads $300 worth of digital music from E-Music.com.To be enforceable,the contract that must be in writing is the purchase of

A)the digital music,the MP3 player,and the speakers.
B)the MP3 player and the speakers only.
C)the MP3 player only.
D)the speakers only.

Question 54

Nori files a suit against Mica to enforce an oral contract for the sale of lakeshore property that would otherwise be unenforceable under the Statute of Frauds.The court could enforce the deal if

A)Nori foreseeably and justifiably relied on Mica's promise to her detriment.
B)Mica denies the existence of any contract.
C)neither party has begun to perform.
D)the deal does not involve customized goods.

Question 55

Fitch agrees to assume Gandy's debt to Hybrid Seed Corporation.Fitch does not get any personal benefit for the agreement.To be enforceable,the promise

A)must be in writ?ing.
B)must be in writ?ing only if the debt is valued at $500 or more.
C)must be in writing only if the debt will not be repaid within one year.
D)need not be in writing.

Question 56

Mei orally promises Nester that she will buy his fishing trawler for $10,000.Before either party acts in reliance on this promise,under the doctrine of promissory estoppel,the transaction is enforceable by

A)the seller or the buyer.
B)the marina where the trawler is docked.
C)the state in which the trawler is located.
D)none of the choices.

Question 57

Little's Video Store and Major TV Sales Corporation enter into an oral contract for Major's sale to Little's of eighteen DVD players for $80 each.After Little's takes possession of the players,but before it makes payment,this contract is

A)enforceable only if it is in writing.
B)enforceable only if it is oral.
C)enforceable whether it is oral or in writing.
D)not enforceable.

Question 58

Ollie buys a cup of coffee for $2,a magazine for $5,and a cellphone for $600.The requirement of a writing for the enforceability of a contract for a sale of goods at a certain price or more is governed by

A)the common law.
B)the parol evidence rule.
C)the parties' agreement.
D)the Uniform Commercial Code.

Question 59

Theo and Uma orally agree on the sale of Theo's Fitness Center to Uma and note the terms on a sheet of the center's letterhead stationery,which only Theo signs.This agreement is most likely enforceable against

A)neither Theo nor Uma.
B)Theo and Uma.
C)Theo only.
D)Uma only.

Question 60

Reel Graphics,Inc.,agrees to assume a debt of Suave Marketing Company to Town Credit Union.This promise is for Reel's benefit.To be enforceable,the promise

A)must be in writ?ing.
B)must be in writ?ing only if the debt is valued at $500 or more.
C)must be in writing only if the debt will not be repaid within one year.
D)need not be in writing.

Question 61

Ginamarie files a suit against Gaming Innovators Unlimited,Inc.,to enforce a written contract between the parties.If the court finds that the parties intended the contract to be the final statement of their agreement,parol evidence can be admitted to prove

A)an orally agreed-on condition precedent.
B)terms discussed orally before the contract but not contained in it.
C)terms discussed orally at the time of the contract that contradict the written terms.
D)nothing.

Question 62

Refer to Fact Pattern 14-1.The transaction between Macho and NFC falls within the Statute of Frauds'

A)collateral-promise provision.
B)one-year rule.
C)sales-of-goods stipulation.
D)secondary-contracts section.

Question 63

Sid induces Ty to enter into a contract for the sale of a warehouse about which Sid fraudulently misrepresents a number of material facts.Sid also tells Ty that his commission is 6 percent,but their signed,written contract states "12 percent." The parol evidence rule governs

A)contracts that are induced by fraud.
B)contracts that must be in writing to be enforceable.
C)the admissibility in court of oral evidence.
D)the reformation of oral and written statements into one contract.

Question 64

Chloe files a suit against Digital Consultants,Inc.(DCI),to enforce a contract.The only written evidence of the contract is a memo in DCI's files written on DCI's letterhead and signed by a DCI officer.The contract can be enforced if the memo includes

A)a correct title,such as "Chloe-DCI Contract."
B)all essential terms.
C)a statement of the consideration.
D)the parties' addresses.

Question 65

Refer to Fact Pattern 14-1.Between Macho and NFC,the memo is

A)an oral contract.
B)a pre-contract.
C)a written contract.
D)no contract.

Question 66

Frances has lived in an apartment for ten years when she decides to buy a house.Her one-year lease will end on May 1.On April 15,she orally contracts to buy Smith's house for $100,000,with the closing (transfer of the deed)to take place on June1.Smith's lawyer,who is out of town on vacation,is to draft a written contract of sale on his return to his office on May 15.Because Frances's lease is terminating,Smith agrees to let her take possession of the house on May 1 if Frances gives him a "down payment" on the house of $5,000.Frances agrees and gives Smith the $5,000.She moves into the house on May 2,and the following weekend plants trees in the back yard.On May 10,Smith receives a written offer from Green to buy Smith's house for $120,000.Smith accepts Green's offer,asks Frances to move out of the house,and tries to return the $5,000 to Frances.Frances claims that she has an enforceable contract to buy the house.Smith claims that any such contract must be in writing to be enforceable under the Statute of Frauds.Who is correct and why

Question 67

Downspout Drainage Company hires Earl to design a Web page for Downspout for $400.Before the project is started,Downspout asks Earl to trouble-shoot Downspout's computer operating system software for an additional $400.Earl agrees.The entire contract is oral.Earl completes the work,but Downspout refuses to pay.Earl files a suit against Downspout,which raises the Statute of Frauds as a defense.Can Earl recover from Downspout If so,how much,and on what basis

Question 68

Glen and Haj sign a written contract.Glen claims that the parties later orally agreed to modify the contract.Any oral modification is likely not enforceable if it falls under

A)the doctrine of promissory estoppel.
B)the "main purpose" exception.
C)the "partial performance" exception.
D)the Statute of Frauds.