Question 1

In ______ the English Parliament passed the Act for the Prevention of Frauds and Perjuries.

Accepted Answer

A)   1555
B)   1677
C)   1770
D)   1776
E)   1865F) A) and D)
G) C) and D)

Question 2

Sally has a large farm and significant other assets.She agreed to loan her nephew Todd $100,000 with payments of principle and interest to be made yearly.A few years later she and Todd got into a dispute because Sally did not like his new girlfriend,Polly.Soon thereafter Todd got notice that Sally was suing him for not paying interest on the note.Todd defended on the basis that two years after the initial loan agreement was entered into,he and Sally entered into an oral agreement that he would perform services on her farm in lieu of paying interest on the note.If the court follows the reasoning of the court in the Case Opener involving Monroe Bradstad and Jeanne Garland,which of the following is the most likely result of the dispute between Sally and Todd involving whether he owes past interest amounts?

Accepted Answer

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.F) A) and E)
G) C) and D) C

Question 3

As discussed in the text,a main purpose of the statute of frauds is to prevent unreliable _____ evidence from interfering with a contractual relationship.

Accepted Answer

A)   Hearsay
B)   Oral
C)   Irrelevant
D)   Immaterial
E)   InconclusiveF) A) and B)
G) A) and C)

Question 4

Brandy,the president of ABC Communication.,and Sam orally agreed that Sam would work as a computer programmer for ABC Co.for a three-year period.Their oral agreement also covered other matters such as his pay and the availability of one week of paid vacation.On the day he talked with Brandy,Sam signed an employee handbook including a provision that his employment was at will,meaning that at any time he could quit or the company could discharge him.A month later,Sam received a three-year contract for employment with ABC Co.in the mail incorporating the amount of his salary and other issues he had discussed with Brandy.Sam signed it and mailed it back,but he changed the vacation provision to three weeks instead of one week.Bobby,the human resources manager for ABC Co.,called Sam up after Bobby received the agreement and told Sam that the contract was only a draft for discussion purposes and that he was actually firing Sam because he seemed too focused on vacation.Assuming the court follows the reasoning of the court in the dispute discussed in the text involving Michael Gallagher and Medical Research Consultants,which of the following would be the most likely result in the dispute between Sam and ABC Co.if Sam claims he had a three-year contract of employment?

Accepted Answer

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.F) A) and B)
G) A) and C)

Question 5

Which of the following is true regarding Harry's assertion that the statute of frauds is not satisfied because Rebecca did not sign the document?

Accepted Answer

A)   Harry is correct.
B)   Harry is incorrect because he is the one being sued, and he signed the document.
C)   Harry is incorrect because the statute of frauds did not require her signature so long as the selling price was referenced.
D)   Harry is incorrect because the statute of frauds did not require her signature so long as the type of subject matter involved was referenced.
E)   Harry is incorrect because the statute of frauds did not require her signature so long as the parties were clearly identified.F) C) and D)
G) B) and D)

Question 6

Which of the following was the result in the case in the text Shelby's Inc.,v.Sierra Bravo Inc.,involving the issue of whether an agreement to deposit debris and soil on land and an alleged agreement to build a building pad and waterway came within the statute of frauds?

Accepted Answer

A)   The court ruled that the agreement did not involve an interest in land and did not come within the statute of frauds.
B)   The court ruled that the agreement did involve an interest in land and, therefore came within the statute of frauds.
C)   The court ruled that the agreement did not involve an interest in land but placed it within the statute of frauds in order to prevent injustice.
D)   The court ruled that the agreement fell within the statute of frauds but that an oral agreement was sufficient.
E)   The court ruled that the agreement to deposit debris and soil on land did not fall within the statute of frauds and that no writing was needed, but that the agreement to build a building pad and waterway did fall within the statute of frauds requiring a writing.F) None of the above
G) A) and D)

Question 7

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Accepted Answer

A)   The statute is intended to prevent oral claims to the existence of a contract for the sale of land.
B)   The statute requires a writing as evidence of a contract to sell land.
C)   A claim to an oral contract for the sale of land is not enough to prove a contract of sale existed.
D)   Mortgages on land are within the statute of frauds.
E)   No leases are within the statute of frauds.F) B) and C)
G) A) and E) E

Question 8

Which of the following was the result in the Case Nugget in the text involving the dispute between Dr.Ralph M.Aurigemma and New Castle Care,LLC,involving whether an oral agreement entered into on September 4 involving Dr.Aurigemma serving as medical director from October 1 of that year until October 1 of the next year was enforceable?

Accepted Answer

A)   That the contract was enforceable because agreements for professional services do not come within the protection of the statute of frauds.
B)   That the contract was enforceable because of the partial-performance exception to the statute of frauds.
C)   That the contract was not in writing and, therefore, could not be enforced.
D)   That the contract could not be enforced because of the parol evidence rule.
E)   That the contract could be enforced because of the parol evidence rule.F) A) and B)
G) B) and E)

Question 9

Which of the following is false regarding the parol evidence rule?

Accepted Answer

A)   The purpose of the rule is to prevent evidence that substantially contradicts an agreement in its written form.
B)   The rule is a rule of evidence.
C)   The rule relates to substantive legal issues.
D)   The rule is not a unitary concept or rule.
E)   The rule is an amalgamation of different rules and conditions.F) A) and B)
G) A) and C)

Question 10

Even if they would normally have to be in writing,if applicable criteria are met,oral contracts for _____ goods are enforceable.

Accepted Answer

A)   Retailed
B)   Wholesale
C)   Collateral
D)   Consumer
E)   CustomizedF) A) and C)
G) B) and E)

Question 11

What was the result in Stewart Lamle v.Mattel Inc.,the case in the text in which the plaintiff claimed that in discussions Mattel agreed to a three-year license agreement to distribute a board game the plaintiff created,and that the agreement was confirmed by Mattel through an email,but that Mattel later wrongfully refused to enter into a written contract and follow through with the deal?

Accepted Answer

A)   That as a matter of law the oral agreement was not enforceable because there was no writing.
B)   That it was up to a jury to decide if fairness mandated that Mattel be required to follow through with the admitted deal.
C)   That it was up to a jury to decide matters including whether the parties intended to be bound by the oral agreement and whether an email contained the material terms of the oral contract.
D)   That as a matter of law the parties intended to be bound by the oral agreement and that the email involved, sent by an agent of Mattel, contained the material terms of the oral contract thereby binding Mattel to the agreement.
E)   That no writing was required because the agreement did not come within the statute of frauds.F) C) and D)
G) D) and E)

Question 12

Which of the following is true regarding Harry's assertion that under the parol evidence rule he had the right to identify the house referenced in the contract?

Accepted Answer

A)   Harry is correct.
B)   Harry is incorrect because under the parol evidence rule, Rebecca, as the buyer, would be allowed to identify the subject matter in the event of a discrepancy.
C)   Harry is incorrect because under the parol evidence rule, the judge would likely allow oral evidence regarding the house at issue in order to clarify an ambiguity.
D)   Harry is incorrect because the parol evidence rule would not apply in situations involving an ambiguity.
E)   Harry is incorrect because the parol evidence rule would not apply in the absence of a merger clause.F) A) and D)
G) A) and E)

Question 13

Define the term "admission" in relation to contracts under the statute of frauds.Discuss the pros and cons of the rule on admissions,and whether you think courts should recognize admissions.

Accepted Answer

An admission is a statement made in cour...

Question 14

Which of the following is the appropriate term for the marriage agreement entered into between Bruce and Sally?

Accepted Answer

A)   Marital solution agreement
B)   Marital dissolution agreement
C)   Prenuptial agreement
D)   Marriage acknowledgement agreement
E)   Marriage consideration agreementF) A) and E)
G) A) and B)

Question 15

Which of the following involves the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract?

Accepted Answer

A)   Promissory estoppel
B)   Substantial estoppel
C)   Promissory rule
D)   Reliance rule
E)   Promissory relianceF) A) and B)
G) B) and D)

Question 16

Blaine and Amanda 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 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) A) and B)
G) B) and D) E

Question 17

One way parties can indicate their desire to create an integrated contract is through the use of a[n] ______ clause.

Accepted Answer

A)   Complete
B)   Merger
C)   Adhesion
D)   Bilateral
E)   AcknowledgedF) A) and E)
G) A) and C)

Question 18

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) B) and C)

Question 19

Which of the following is true regarding Wilma's statement to the judge that the agreement to sell the car was covered by the statute of frauds?

Accepted Answer

A)   She was correct.
B)   She was incorrect because while the UCC has a provision regarding writings for the sale of certain goods, that provision is not a part of the statute of frauds.
C)   She was incorrect because the statute of frauds provision involving the sale of goods only applies to goods costing over $1,500.
D)   She was incorrect because the statute of frauds provision involving the sale of goods only applies to goods costing over $2,000.
E)   She was incorrect because the statute of frauds provision involving the sale of goods only applies to goods costing over $5,000.F) B) and D)
G) A) and E)

Question 20

In order for the statute of frauds to be satisfied,all parties to a contract must sign the writing.

Accepted Answer

A) True 
 B)False

Exam 18: Contracts in Writing

In ______ the English Parliament passed the Act for the Prevention of Frauds and Perjuries.

Correct Answer
verified

Correct Answer
verified
C

As discussed in the text,a main purpose of the statute of frauds is to prevent unreliable _____ evidence from interfering with a contractual relationship.

Correct Answer
verified

Correct Answer
verified

Which of the following is true regarding Harry's assertion that the statute of frauds is not satisfied because Rebecca did not sign the document?

Correct Answer
verified

Which of the following was the result in the case in the text Shelby's Inc.,v.Sierra Bravo Inc.,involving the issue of whether an agreement to deposit debris and soil on land and an alleged agreement to build a building pad and waterway came within the statute of frauds?

Correct Answer
verified

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Correct Answer
verified
E

Correct Answer
verified

Which of the following is false regarding the parol evidence rule?

Correct Answer
verified

Even if they would normally have to be in writing,if applicable criteria are met,oral contracts for _____ goods are enforceable.

Correct Answer
verified

Correct Answer
verified

Which of the following is true regarding Harry's assertion that under the parol evidence rule he had the right to identify the house referenced in the contract?

Correct Answer
verified

Define the term "admission" in relation to contracts under the statute of frauds.Discuss the pros and cons of the rule on admissions,and whether you think courts should recognize admissions.

Correct Answer
verified
An admission is a statement made in cour...
View Answer

Which of the following is the appropriate term for the marriage agreement entered into between Bruce and Sally?

Correct Answer
verified

Which of the following involves the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract?

Correct Answer
verified

Correct Answer
verified
E

One way parties can indicate their desire to create an integrated contract is through the use of a[n] ______ clause.

Correct Answer
verified

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

Correct Answer
verified

Which of the following is true regarding Wilma's statement to the judge that the agreement to sell the car was covered by the statute of frauds?

Correct Answer
verified

In order for the statute of frauds to be satisfied,all parties to a contract must sign the writing.

Correct Answer
verified

Exam 18: Contracts in Writing

In ______ the English Parliament passed the Act for the Prevention of Frauds and Perjuries.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedC

As discussed in the text,a main purpose of the statute of frauds is to prevent unreliable _____ evidence from interfering with a contractual relationship.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true regarding Harry's assertion that the statute of frauds is not satisfied because Rebecca did not sign the document?

Correct AnswerverifiedShow Answer

Which of the following was the result in the case in the text Shelby's Inc.,v.Sierra Bravo Inc.,involving the issue of whether an agreement to deposit debris and soil on land and an alleged agreement to build a building pad and waterway came within the statute of frauds?

Correct AnswerverifiedShow Answer

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Correct AnswerverifiedE

Correct AnswerverifiedShow Answer

Which of the following is false regarding the parol evidence rule?

Correct AnswerverifiedShow Answer

Even if they would normally have to be in writing,if applicable criteria are met,oral contracts for _____ goods are enforceable.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true regarding Harry's assertion that under the parol evidence rule he had the right to identify the house referenced in the contract?

Correct AnswerverifiedShow Answer

Define the term "admission" in relation to contracts under the statute of frauds.Discuss the pros and cons of the rule on admissions,and whether you think courts should recognize admissions.

Correct AnswerverifiedAn admission is a statement made in cour...View AnswerShow Answer

Which of the following is the appropriate term for the marriage agreement entered into between Bruce and Sally?

Correct AnswerverifiedShow Answer

Which of the following involves the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedE

One way parties can indicate their desire to create an integrated contract is through the use of a[n] ______ clause.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following is true regarding Wilma's statement to the judge that the agreement to sell the car was covered by the statute of frauds?

Correct AnswerverifiedShow Answer

In order for the statute of frauds to be satisfied,all parties to a contract must sign the writing.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified
C

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
E

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
An admission is a statement made in cour...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
E

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified