Question 1

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

Accepted Answer

An oral contract for the sale of land may be enforceable if it has been partially performed, such as payment being made or possession of the land being transferred. However, it is generally recommended to have written contracts for the sale of land to avoid any confusion or disputes.

Question 2

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

Accepted Answer

The answer of Evidence of prior agreements that differ from...

Question 3

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

Accepted Answer

An oral contract can be legally enforceable, but it may be difficult to prove its terms in court without written evidence.

Question 4

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

Accepted Answer

An integrated contract is a writing that embodies the final and complete agreement between parties to a transaction. It merges all prior and contemporaneous negotiations and agreements pertaining to the transaction into a single written instrument. Thus, it represents the final embodiment of the terms of the agreement.

Question 5

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

Accepted Answer

The answer of Oral evidence of otherwise clear terms in...

Question 6

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

Accepted Answer

A contract for the sale of goods at any price does not have to be in writing to be enforceable under the UCC (Uniform Commercial Code), but a written contract may be required under certain circumstances, such as contracts over a certain dollar amount or contracts for goods with unique characteristics. However, it is generally recommended to have a written contract to avoid misunderstandings and disputes.

Question 7

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

Accepted Answer

According to the Statute of Frauds, a writing evidencing an oral contract that would otherwise be unenforceable must include essential terms such as the subject matter of the contract, the parties involved, the price and payment terms, and any other material terms. Otherwise, the contract may be deemed unenforceable even if it was orally agreed upon by the parties.

Question 8

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

Accepted Answer

This is the correct definition of parol evidence.

Question 9

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.

Accepted Answer

The answer of To be enforceable,a writing evidencing an oral...

Question 10

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

Accepted Answer

A prenuptial agreement must be in writing and signed by both parties to be enforceable. Verbal agreements or agreements made through actions are not legally binding.

Question 11

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

Accepted Answer

The answer of Kirk Custodial Service and Green Energy Company...

Question 12

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

Accepted Answer

The Statute of Frauds requires certain contracts, such as contracts for the sale of land, to be in writing in order to be enforceable. The fact that the written contract states a commission rate of 12 percent, rather than the 6 percent fraudulently represented by Lyra, would not necessarily trigger the Statute of Frauds, but it does undermine any argument by Lyra that the terms of the contract were the result of a mutual mistake.

Question 13

There are no exceptions to the Statute of Frauds.

Accepted Answer

There are several exceptions to the Statute of Frauds, including performance of the contract, admission by the party against whom enforcement is sought, and part performance of a contract for the sale of land.

Question 14

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

Accepted Answer

Since the contract is an oral agreement for the sale of real property, it falls under the Statute of Frauds, which requires such agreements to be in writing. Therefore, the oral contract between Timber, Inc. and Wood Corporation is not enforceable by either the seller or the buyer, nor any interested third party.

Question 15

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

Accepted Answer

While a writing may make an otherwise unenforceable oral contract enforceable, it does not necessarily need to include every term. The key is that it must include sufficient terms to evidence the existence and essential terms of the agreement.

Question 16

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

Accepted Answer

Oral evidence, also known as parol evidence, is admissible if the written contract is ambiguous or incomplete. It can be used to clarify the intended meaning of the parties involved in the contract.

Question 17

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

Accepted Answer

An integrated contract is one that is intended by the parties to be a final and complete expression of their agreement, not necessarily one with multiple subjects or parts.

Question 18

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

Accepted Answer

The Statute of Frauds requires that contracts for the lease of real property for a term longer than one year be in writing in order to be enforceable. Therefore, in this scenario, the lease between Stuffed Fauna, Inc. and Taxidermy Storage Company must be in writing to be enforceable.

Question 19

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

Accepted Answer

Oral evidence can be used to show that a contract was modified after it was made. This is allowed under the parole evidence rule, which permits the introduction of evidence to explain or supplement the terms of a written contract. However, the evidence must not contradict the terms of the written agreement.

Question 20

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

Accepted Answer

Under the Statute of Frauds, contracts for the sale of land must be in writing to be enforceable, regardless of the price.

Quiz 14: The Statute of Fraudswriting Requirement