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 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.
G) A) and C)
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E
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An admission is a statement made in court, under oath, or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed, even though the contract was required to be in writing. To the extent that the statute of frauds is intended to require proper evidence of agreements, the admission exception is well reasoned. However, to the extent that the statute is intended to encourage care and caution in establishing the specific details of agreements, the admission exception seems to unnecessarily punish honest parties while rewarding dishonest ones. Students will vary in opinions on whether courts should recognize admissions as an exception to the statute of frauds.
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A) $200
B) $300
C) $500
D) $600
E) $1,000
G) A) and E)
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B) False
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A) Disputes are easier to settle when contractual terms are solidified in writing.
B) The moment of writing allows both parties to reconsider terms and ensure what they desire.
C) In general, written contracts aid in the conduct of smooth business contracts.
D) The idea of requiring a writing comes from an English law.
E) All contracts must be in writing in order to be enforced.
G) C) and E)
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A) Promissory estoppel
B) Substantial estoppel
C) Promissory rule
D) Reliance rule
E) Promissory reliance
G) C) and E)
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A) ABC Co. will win because even if a three-year oral agreement for employment was made, it would not have been enforceable because the statute of frauds requires that agreements that cannot be completed within one year be in writing. Further, the draft Sam returned was not signed by ABC Co.
B) ABC Co. will win because although the three-year oral agreement for employment was initially enforceable, Sam reopened negotiations by altering the later contract to provide that he was to receive three weeks of vacation.
C) ABC Co. will win because as a matter of law, no other document can alter the provisions of an employee handbook.
D) A jury will decide if Brandy orally agreed to a three-year contract; and, if so, Sam gets his job back along with the extra weeks of vacation.
E) As a matter of law, since the contract was sent to Sam, he received a guarantee of employment for three years; but he does not get the extra weeks of vacation he inserted.
G) None of the above
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A) Hearsay
B) Oral
C) Irrelevant
D) Immaterial
E) Inconclusive
G) A) and B)
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The adjuster is not correct. The insurer...View Answer
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A) Secondary obligations
B) Primary promises
C) Primary debts
D) Third-party debts
E) Commercial promises
G) A) and E)
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A
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A) Complete contracts
B) Integrated contracts
C) Adhesion contracts
D) Bilateral contracts
E) Acknowledged contracts
G) A) and C)
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A) Contracts related to an interest in land
B) Promises made in consideration of marriage
C) Contracts related to any lease of land or equipment
D) Contracts whose terms prevent possible performance within one year
E) Contracts for one party to pay the debt of another if the initial party fails to pay
G) B) and D)
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A) Relating
B) Adjacent
C) Contracted
D) Attached
E) Pertinent
G) C) and D)
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A) When a court determines that there is significant disagreement regarding the complete and final version of the agreement.
B) When a court determines that a written agreement does not represent a complete and final version of the agreement.
C) When a court determines that there is disagreement between the parties over performance of the agreement once performance has actually started.
D) When a court determines that the plaintiff failed to do sufficient research to determine if signing the agreement was advisable.
E) When a court determines that either party failed to do sufficient research to determine if signing the agreement was advisable.
G) B) and E)
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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.
G) A) and B)
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A) 1555
B) 1677
C) 1770
D) 1776
E) 1865
G) All of the above
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First, the statute attempts to ease cont...View Answer
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B) False
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A) Todd will be required to pay the interest amounts because the agreement involving performing services in lieu of paying interest was not in writing.
B) Todd will be required to pay the interest amounts because the parol evidence rule bars evidence of any oral agreement outside the written agreement.
C) Assuming the court credits Todd's account of events, Todd will not be required to pay the interest amounts because the oral agreement will be considered a separate enforceable agreement.
D) Assuming the court credits Todd's account of events, Todd will not be required to pay the interest amounts because the oral agreement will be considered an extension and part of the original written agreement.
E) Assuming the court credits Todd's account of events, based on the parol evidence rule, Todd will be required to pay only 1/2 of the interest amounts.
G) A) and E)
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B) False
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