Question 1

________ is the term used for debts incurred in an initial contract.

Accepted Answer

A)   Secondary promise
B)   Primary promise
C)   Primary obligation
D)   First in time promise
E)   Debtor's promiseF) A) and E)
G) A) and D)

Question 2

The purpose of the parol evidence rule is to allow oral evidence to prove agreements.

Accepted Answer

A) True 
 B)False

Question 3

A(n)  ________ clause is often included by parties in a written agreement that states that the written agreement accurately reflects the final, complete version of the agreement.

Accepted Answer

A)   adhesion
B)   competency
C)   parol evidence
D)   completion
E)   mergerF) D) and E)
G) A) and D)

Question 4

[Kids' debts] Marta agrees to buy Natasha's convertible, but Marta may be losing her job, in which case, her mother Lottie will pay pursuant to the terms of the contract Lottie signed. Jeb signs an agreement to pay for his son Byron's plastic surgery, if his son cannot afford the payments. Lucia agrees to sell her drumset to Marcus because Marcus' father said he will back the deal.
-Theo and Quincy live on adjacent properties on a tree-lined city street. Theo placed stepping stones at the edge of his property to walk from the front to the backyard. Quincy objects to the stepping stones, claiming they are placed partially on his property. Theo points to the cherry tree Quincy planted, claiming the tree was planted on Theo's property and thus the tree and the cherries belong to him. Theo then tells Quincy that, if Quincy agrees that the property under the stepping stones belongs to Theo, then Theo will agree that the property under the cherry tree belongs to Quincy. Quincy agrees. Is their oral agreement likely to be enforceable?

Accepted Answer

A)   No, because the value is over $500.
B)   No, because it is a contract related to an interest in land and must be in writing.
C)   The agreement involving the property under the cherry tree must be in writing because the tree is part of the land, but the agreement involving the property under the stepping stones need not be in writing.
D)   Yes, because there was no money exchanged.
E)   Yes, because it is a boundary dispute settled through the use of land.F) A) and C)
G) A) and D)

Question 5

[Lake House] Damian has two houses, a house on the lake and a house in town. Frida wants to buy the house on the lake. Damian and Frida orally agree that Frida will buy the house on the lake for $300,000. Damian hurriedly writes out a contract providing that he would sell "his house" to Frida for $300,000. Damian signs the top of the document. Frida does not sign at all. No merger clause is included in the contract. Damian backs out of the contract, and Frida sues him. He tells the judge that the statute of frauds is left unsatisfied because he did not sign the document at the end and also because Frida did not sign at all. He also tells the judge that, at any rate, the agreement referred to the house in town, not the house on the lake; and that under the parol evidence rule, he had the right to identify the correct house.
-Regarding Damian's assertion that the statute of frauds is left unsatisfied because he did not sign the document at the end, which of the following is true?

Accepted Answer

A)   Damian is correct.
B)   Damian is incorrect because while the statute of frauds would require his signature on the document, there is no requirement that the signature be at the end.
C)   Damian is incorrect because the statute of frauds did not require his signature so long as the selling price was referenced.
D)   Damian is incorrect because the statute of frauds did not require his signature so long as the type of subject matter involved was referenced.
E)   Damian is incorrect because the statute of frauds did not require his signature so long as the parties were clearly identified.F) B) and D)
G) C) and E)

Question 6

[Awesome tuners] Trace owns a music store. At a recent convention, he meets Terrill, who makes electronic guitar tuners. Terrill gives Trace a free sample and tells Trace that his guitar tuners are $20 each. Trace says he definitely wants to buy some and he will email the quantity. After the convention, Terrill emails Trace stating, "Do you still want to buy some tuners?" Trace replies, "Yes! 30 please!" However, Terrill never sends the tuners. Trace tells him they had a deal and that Terrill needs to send the tuners. Terrill, who went to business school, tells Trace that the UCC requires contracts for the sale of goods over $500 to be in writing, and his email reply doesn't satisfy the statute of frauds.
-Is Terrill correct that they do not have a sufficient written contract?

Accepted Answer

A)   Yes, because the email is insufficient to constitute a writing as it did not include price.
B)   Yes, because the only term was the quantity, which is not enough to establish a contract.
C)   Yes, because the agreement was less than $500, which need not be in writing.
D)   No, because the writing need only state the quantity to be sold.
E)   No, because he is confusing the sale of goods with the sale of personal property.F) All of the above
G) A) and B)

Question 7

Melinda signs a three year contract for employment as a legal studies lecturer. Does this type of contract fall within the scope of the statute of frauds?

Accepted Answer

A)   Yes, because it is a contract whose terms prevent possible performance within one year
B)   Yes, because it is a contract involving the provision of services
C)   No, because the contract does not involve the provision of any goods
D)   No, because the contract does not involve any debt
E)   No, because the contract does not involve services in relation to computer equipmentF) B) and E)
G) A) and E)

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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 in 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 contracts conditioned on orally agreed upon terms.
B)   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.
C)   The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete.
D)   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.
E)   The medical center will prevail based upon the written contract.F) B) and C)
G) B) and E)

Question 10

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 11

What is a purpose of the parol evidence rule?

Accepted Answer

A)   To restrict oral evidence from being admitted that supports an agreement in its written form.
B)   To restrict written evidence from being admitted that supports an agreement in its written form.
C)   To restrict oral and written evidence from being admitted that supports an agreement in its written form.
D)   To restrict hearsay from being admitted that supports or contradicts an agreement in its written form.
E)   To restrict evidence from being admitted that substantially contradicts an agreement in its written form.F) B) and E)
G) A) and D)

Question 12

Which of the following is true regarding what is considered an interest in land within the statute of frauds?

Accepted Answer

A)   Interests in land within the statute of frauds include promises to sell crops annually and agreements between parties for profit sharing from the sale of real property, but not boundary disputes that have been settled through the use of land.
B)   Interests in land within the statute of frauds include promises to sell crops annually, but not agreements between parties for profit sharing from the sale of real property or boundary disputes that have been settled through the use of land.
C)   Interests in land within the statute of frauds include boundary disputes that have been settled through the use of land, but not promises to sell crops annually or agreements between parties for profit sharing from the sale of real property.
D)   Interests in land within the statute of frauds include boundary disputes that have been settled through the use of land and promises to sell crops annually, but not agreements between parties for profit sharing from the sale of real property.
E)   Interests in land within the statute of frauds does not include promises to sell crops annually, agreements between parties for profit sharing from the sale of real property, and boundary disputes that have been settled through the use of land.F) C) and D)
G) A) and B)

Question 13

In most states, which of the following are exceptions to when the statute of frauds would apply?

Accepted Answer

A)   Admissions, partial performance, and promissory estoppel
B)   Partial performance and admissions, but not promissory estoppel
C)   Promissory estoppel but not admissions or partial performance
D)   Promissory estoppel and partial performance, but not admissions
E)   Admissions but not partial performance or promissory estoppelF) A) and B)
G) A) and D)

Question 14

Lonnie and Pamela have been negotiating a contract over the phone for a prime piece of property. Pamela believes that they have a contract due to all of Lonnie's assertions and begins to clear the trees and brush. If Lonnie tries to indicate that there is not a contract because all the assertions are oral, Pamela could use the ________ exception to prove there is in fact a contract.

Accepted Answer

A)   substantial performance
B)   partial-performance
C)   sales substantiation
D)   the purchase proof rule
E)   oral proofF) A) and B)
G) A) and E)

Question 15

Which of the following is true regarding writings created at the same time as a written agreement?

Accepted Answer

A)   Although the parol evidence rule applies to writings created at the same time as the written agreement, these writings tend to be treated differently than prior or contemporaneous oral agreements in that the writings are more readily admitted as part of the written agreement than is oral evidence.
B)   Although the parol evidence rule applies to writings created at the same time as the written agreement, these writings tend to be treated differently than prior or contemporaneous oral agreements in that the writings are less likely to be admitted as part of the written agreement than is oral evidence.
C)   The parol evidence rule applies to writings created at the same time as the written agreement, and these writings are analyzed in the same way as prior or contemporaneous oral evidence.
D)   The parol evidence rule applies to writings created at the same time as the written agreement only if a sale of goods is involved, and in that case the writings are analyzed in the same way as prior or contemporaneous oral evidence.
E)   The parol evidence rule does not apply to writings created at the same time as the written agreement.F) A) and E)
G) B) and C)

Question 16

Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?

Accepted Answer

A)   Agreements regarding marriage in which one party is gaining something other than a return on his or her promise to marry are within the statute of frauds and must be in writing.
B)   Mutual promises to marry fall within the statute of frauds.
C)   Prenuptial agreements fall within the statute of frauds.
D)   A prenuptial agreement is not automatically enforceable just because it is in writing.
E)   When one party promises something to the other as part of an offer of marriage, the contract must be in writing to be enforceable.F) A) and B)
G) C) and D)

Question 17

[RV and bike deal] For his retirement, Milton wants to rent an RV and spend the summer travelling out West. Milton stops by Rudi's RV Heaven and Rudi tells him that he could rent an RV for the summer for $6,000. Milton, who had already researched rental costs, told Rudi he would agree to the price and also wanted to buy two of the bicycles Rudi showed him that were $100 each. Milton and Rudi shook hands and Milton said he would return the next day. When Milton returned, Rudi had the bicycles ready to go, but told Milton that the price for the RV was $8,000, not $6,000. Milton tells him that he cannot change the price because they had an enforceable agreement. Milton also tells him that he will not buy the bicycles, but Rudi tells him the agreement about the bicycles is enforceable and he wants Milton to pay him.
-Does the agreement to purchase the bicycles for $100 each fall outside the statute of frauds and, thus, would likely be enforceable against Milton?

Accepted Answer

A)   No, because the agreement is for the sale of goods over $500, which is within the statute of frauds and must be in writing.
B)   No, because the agreement involved the lease of goods and must be in writing.
C)   Yes, because the agreement involved the lease of goods, which need not be in writing.
D)   Yes, because the contract can be performed within one year.
E)   Yes, because the agreement is for the sale of goods under $500, which need not be in writing.F) D) and E)
G) A) and E)

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

Contracts for the sale of goods totaling more than $500 must be in writing according to ________.

Accepted Answer

A)   federal law
B)   Contract Federation Rules
C)   the Uniform Commercial Code
D)   state statutes
E)   Uniform Contract RulesF) All of the above
G) A) and C)

Question 20

[Kids' debts] Marta agrees to buy Natasha's convertible, but Marta may be losing her job, in which case, her mother Lottie will pay pursuant to the terms of the contract Lottie signed. Jeb signs an agreement to pay for his son Byron's plastic surgery, if his son cannot afford the payments. Lucia agrees to sell her drumset to Marcus because Marcus' father said he will back the deal.
-Which of the following statements is true about the likelihood of the secondary obligations being enforced?

Accepted Answer

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

Exam 18: Contracts in Writing

Correct Answer
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The purpose of the parol evidence rule is to allow oral evidence to prove agreements.

Correct Answer
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Contracts for the sale of goods totaling more than $500 must be in writing according to ________.

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________ is the term used for debts incurred in an initial contract.

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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
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Correct Answer
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What is a purpose of the parol evidence rule?

Correct Answer
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Which of the following is true regarding what is considered an interest in land within the statute of frauds?

Correct Answer
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Which of the following is true regarding writings created at the same time as a written agreement?

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

Correct Answer
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Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?

Correct Answer
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Melinda signs a three year contract for employment as a legal studies lecturer. Does this type of contract fall within the scope of the statute of frauds?

Correct Answer
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In most states, which of the following are exceptions to when the statute of frauds would apply?

Correct Answer
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A(n) ________ clause is often included by parties in a written agreement that states that the written agreement accurately reflects the final, complete version of the agreement.

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

Correct Answer
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Exam 18: Contracts in Writing

Correct AnswerverifiedShow Answer

The purpose of the parol evidence rule is to allow oral evidence to prove agreements.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Contracts for the sale of goods totaling more than $500 must be in writing according to ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

________ is the term used for debts incurred in an initial contract.

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

Correct AnswerverifiedShow Answer

What is a purpose of the parol evidence rule?

Correct AnswerverifiedShow Answer

Which of the following is true regarding what is considered an interest in land within the statute of frauds?

Correct AnswerverifiedShow Answer

Which of the following is true regarding writings created at the same time as a written agreement?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Melinda signs a three year contract for employment as a legal studies lecturer. Does this type of contract fall within the scope of the statute of frauds?

Correct AnswerverifiedShow Answer

In most states, which of the following are exceptions to when the statute of frauds would apply?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

A(n) ________ clause is often included by parties in a written agreement that states that the written agreement accurately reflects the final, complete version of the agreement.

Correct AnswerverifiedShow Answer

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

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