Question 1

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."

Accepted Answer

The answer of An example of language creating a suretyship...

Question 2

An oral contract for the transfer of an interest in land may be enforced if the party seeking enforcement has so changed his position in reasonable reliance on the contract that a court can prevent injustice only by enforcing the contract.

Accepted Answer

In some jurisdictions, the doctrine of part performance allows enforcement of an oral contract for the transfer of land if the party seeking enforcement has relied on the contract to their detriment, making it unjust not to enforce it.

Question 3

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.

Accepted Answer

Mary's promise is a suretyship agreement, which falls under the Statute of Frauds, requiring it to be in writing or have a sufficient electronic record to be enforceable.

Question 4

E-Sign was enacted by Congress in 2000 and makes electronic records and signatures valid and enforceable across the United States for many types of transactions in or affecting interstate or foreign commerce.

Accepted Answer

The E-Sign Act, enacted in 2000, ensures that electronic signatures and records are legally valid and enforceable for transactions affecting interstate or foreign commerce in the U.S.

Question 5

The Uniform Electronic Transactions Act, which has been adopted by all of the states and the District of Columbia, gives full effect to electronic contracts and develops a uniform legal framework for their implementation.

Accepted Answer

The Uniform Electronic Transactions Act (UETA) has not been adopted by all states; as of October 2023, New York has not adopted it.

Question 6

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.

Accepted Answer

The UCC allows an oral contract for the sale of goods to be enforced if the party against whom enforcement is sought admits in court that a contract was made, despite the statute of frauds generally requiring such contracts to be in writing.

Question 7

The main purpose doctrine is a court-developed exception to the suretyship provision.

Accepted Answer

The main purpose doctrine is an exception to the Statute of Frauds' suretyship provision, allowing an oral promise to pay another's debt if the promisor's main purpose is to benefit themselves.

Question 8

Under the majority rule, the test under the one-year provision of the statute of frauds is whether it is likely that the contract will be completed within one year.

Accepted Answer

The one-year provision of the statute of frauds requires that contracts which cannot be performed within one year must be in writing, regardless of the likelihood of completion within that time frame.

Question 9

The suretyship provision rule within the statute of frauds applies to cases involving one party promising to perform the duty of another party to yet a third party.

Accepted Answer

The suretyship provision requires that a promise to answer for the debt or duty of another must be in writing to be enforceable, as it involves a third-party obligation.

Question 10

The parol evidence rule does not prevent the use of evidence that a party would like to use to establish the defense of fraud, duress, or undue influence.

Accepted Answer

The parol evidence rule allows for exceptions where evidence is used to show that a contract is void or voidable due to fraud, duress, or undue influence.

Question 11

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

Accepted Answer

In contract law, terms that have been separately negotiated are often given priority because they reflect the specific intentions and agreements of the parties involved, whereas standardized pre-printed terms are more general and may not accurately represent the parties' specific agreement.

Question 12

The parol evidence rule applies to partially written agreements.

Accepted Answer

The answer of The parol evidence rule applies to partially...

Question 13

Under the majority rule, the test under the one-year provision of the statute of frauds is whether the parties believe that the contract cannot be performed within one year.

Accepted Answer

The test under the one-year provision of the statute of frauds is whether the contract, by its terms, cannot be performed within one year, not what the parties believe.

Question 14

Under the UCC parol evidence rule, usage of trade will take priority over specific provisions in a written contract.

Accepted Answer

The UCC parol evidence rule allows usage of trade to be considered, but it does not take priority over specific provisions in a written contract. Specific terms in the contract generally prevail.

Question 15

On March 20, Alan orally agrees to work for Trower, Inc. for a period of one year commencing on June 1. No writing is necessary here, because the contract can be performed within one year.

Accepted Answer

The answer of On March 20, Alan orally agrees to...

Question 16

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.

Accepted Answer

The parol evidence rule restricts the use of outside evidence to interpret or add to the terms of a written contract that is intended to be a complete and final representation of the parties' agreement.

Question 17

The statute of frauds applies to executory contracts only.

Accepted Answer

The statute of frauds requires certain types of executory contracts (those not yet fully performed) to be in writing to be enforceable, as it aims to prevent fraud and perjury in the enforcement of agreements.

Question 18

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.

Accepted Answer

Under the Statute of Frauds, a promise to pay the debt of another must be in writing or have a sufficient electronic record to be enforceable.

Question 19

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.

Accepted Answer

The statute of frauds requires certain contracts to be in writing, including those that cannot be performed within one year. If a contract can be performed within one year, it does not fall under the statute of frauds.

Question 20

Abco Corp. is building a new office tower. Ace Plumbing Supplies refuses to provide plumbing materials on credit to the plumbing subcontractor on the building. Abco promises Ace that it will pay for the materials if the subcontractor does not. Abco's oral promise is enforceable.

Accepted Answer

Abco's oral promise is enforceable because it is a promise to pay the debt of another, which is an exception to the Statute of Frauds requirement for a written contract, as it serves as a primary obligation rather than a secondary one.

Quiz 15: Contracts in Writing