Question 1

Mr.Green signs a memorandum of understanding with Mr.Blue to by his widgets.Mr.Green signs the last page of the memorandum by writing his initials in cursive.A court will enforce the agreement between Mr.Green and Mr.Blue.

Accepted Answer

Any writing,mark,initials,stamp,engraving,or other symbol placed or printed on a memorandum will suffice as a signature.

Question 2

The statute of frauds does not cover contracts in which marriage is the consideration.

Accepted Answer

Contracts of marriage are covered by the statute of frauds.

Question 3

Parol evidence can be used to contradict the terms of a partially integrated contract.

Accepted Answer

In order for the parol evidence rule to come into effect,the contract has to be completely integrated.It is not applicable to partially integrated contracts.

Question 4

Article 2 of the UCC has no parol evidence rule.

Accepted Answer

The parol evidence rule has been included in the UCC (2-202)and is applicable to contracts for the sale of goods as well as contracts governed by the common law of contracts.

Question 5

Parol evidence can be used to resolve ambiguities in a completely integrated written contract.

Accepted Answer

Parol evidence is used to resolve ambiguities in the written contracts.It is used by courts to interpret them.

Question 6

Mr.Blue wishes to sell his home to Mr.Green.The court will refuse to recognize and enforce the agreement between Mr.Blue and Mr.Green.

Accepted Answer

Contracts for interest in real property are covered by the statute of frauds and thereby must be in writing.

Question 7

A signature is sufficient to form the basis of authenticity of a written contract.

Accepted Answer

A person's signature on a written contract allows a basis for the contract to be authenticated,or proved to be genuinely that of the signer's.

Question 8

In order to satisfy the writing requirement of the statute of frauds,both parties must provide the entire agreement in writing.

Accepted Answer

Most states require only a memorandum of the parties' agreement;they do not require that the entire contract be in writing.

Question 9

The statute of frauds applies exclusively to executory contracts.

Accepted Answer

The statute of frauds applies only to executory contracts.If an oral contract has been completely performed by both parties,the fact that it did not comply with the statute of frauds would not be a ground for rescission of the contract.

Question 10

Mr.Yellow agreed to pay the debt created by Mr.Blue in his contract to Mr.Green.This agreement is called a collateral contract.

Accepted Answer

Contracts for interest in real property are covered by the statute of frauds and thereby must be in writing.

Question 11

Some courts allow promissory estoppel to bind parties to oral contracts that otherwise would be unenforceable under the statute of frauds.

Accepted Answer

The doctrine of promissory estoppel enables some parties to recover under oral contracts that the statute of frauds would ordinarily render unenforceable.It is used as a mechanism to reduce the state's potential for creating unfair results.

Question 12

The statute of frauds covers all contracts that are for an indefinite period of time.

Accepted Answer

The statute of frauds covers contracts that have a definite period of time.

Question 13

If the parties make an agreement that is partly printed and partly handwritten,the handwritten provisions prevail over the printed provisions in case of a conflict between them.

Accepted Answer

When the parties use a form contract or some other type of contract that is partially printed and partially handwritten,the handwritten provisions will prevail.

Question 14

In general,ambiguities in a written agreement are resolved against the party who drafted the agreement.

Accepted Answer

If the contract was drafted by one of the parties,any ambiguities will be resolved against that particular party.

Question 15

There is a requirement that all contracts be in writing.

Accepted Answer

Despite what many people believe,there is no general requirement that contracts be in writing.

Question 16

A mortgage does not have to be written.

Accepted Answer

A mortgage is a contract that involves the transfer of an interest in Real Estate and as such must be in writing.

Question 17

According to the general rules of interpretation of contracts,ordinary words are given their general meanings and the technical ones are given their technical meaning.

Accepted Answer

Courts have rules that Ordinary words will be given their usual meaning and technical words (such as those that have a special meaning in the parties' trade or business)will be given their technical meaning,unless a different meaning was clearly intended.

Question 18

An oral contract within the UCC statute of frauds can be enforced without a writing only if it involves the sale of specially manufactured goods.

Accepted Answer

An oral contract within the UCC statute of frauds can be enforced without a writing in some situations involving the sale of specially manufactured goods.This exception to the writing requirement will apply only if the nature of the specially manufactured goods is such that they are not suitable for sale in the ordinary course of the seller's business.

Question 19

The parol evidence rule blocks evidence of subsequent agreements that modify a completely integrated written contract.

Accepted Answer

The parol evidence rule does not forbid parties from introducing proof of subsequent agreements.This is true even if the terms of the later agreement cancel,subtract from,or add to the obligations stated in the written contract.

Question 20

An administrator makes an oral promise to pay the debts of the deceased.The debts amount to $60,000.This oral promise is enforceable.

Accepted Answer

No writing is required when an executor or administrator of the deceased's promises to pay the latter's debts.

Quiz 16: Writing