Question 1

All courts consider merger clauses to be conclusive proof of a contract.

Accepted Answer

Merger clauses are not always considered conclusive proof of a contract by all courts. In some cases, courts may look at extrinsic evidence to determine the intent of the parties, even if a merger clause is present in the contract.

Question 2

All parties to a contract must sign the writing in order for the statute of frauds to be satisfied.

Accepted Answer

The statute of frauds generally requires that certain contracts be in writing, but it does not necessarily require all parties to sign the writing. Some contracts can be satisfied by other evidence, such as performance by one or both parties. However, it is generally advisable to have all parties sign a written contract to provide clear evidence of their agreement.

Question 3

What did the appellate court rule in the case in the text,Power Entertainment Inc. ,et.al.v.National Football League Properties,Inc. ,involving the enforceability of an alleged oral agreement by which the plaintiff assumed a third party's debt owed to the defendant in return for the defendant transferring a licensing agreement to the plaintiff?
A)That the oral agreement fell outside the statute of frauds if the plaintiff satisfied the main purpose doctrine.
B)That the oral agreement fell outside the statute of frauds if the plaintiff satisfied the parol evidence rule.
C)That the plaintiff could recover as a matter of law because the statute of frauds does not apply to suretyship agreements.
D)That the plaintiff was barred from recovery by the suretyship provision of the statute of frauds.
E)That the plaintiff could recover because the original agreement between the third party and the defendant was in writing.

Accepted Answer

A)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."
B)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."
C)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."
D)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."
E)According to the court,based on the main purpose doctrine,"it is apparent Power Entertainment may be able to show the alleged oral agreement falls outside of the statute of frauds."

Question 4

The purpose of the parol evidence rule is to prevent attempts to use only oral evidence to prove agreements.

Accepted Answer

The answer of The purpose of the parol evidence rule...

Question 5

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

Accepted Answer

The answer of Under the Agent Negotiation rule,if a contract...

Question 6

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

Accepted Answer

A)The court ruled that because the terms of the oral contract were for a time period of more than a year,the oral contract needed to have been in writing in order to have been valid.The court also pointed out that in Delaware,the state at issue,the partial-performance exception to the statute of frauds does not apply to oral contracts incapable of being performed within a year.
B)The court ruled that because the terms of the oral contract were for a time period of more than a year,the oral contract needed to have been in writing in order to have been valid.The court also pointed out that in Delaware,the state at issue,the partial-performance exception to the statute of frauds does not apply to oral contracts incapable of being performed within a year.
C)The court ruled that because the terms of the oral contract were for a time period of more than a year,the oral contract needed to have been in writing in order to have been valid.The court also pointed out that in Delaware,the state at issue,the partial-performance exception to the statute of frauds does not apply to oral contracts incapable of being performed within a year.
D)The court ruled that because the terms of the oral contract were for a time period of more than a year,the oral contract needed to have been in writing in order to have been valid.The court also pointed out that in Delaware,the state at issue,the partial-performance exception to the statute of frauds does not apply to oral contracts incapable of being performed within a year.
E)The court ruled that because the terms of the oral contract were for a time period of more than a year,the oral contract needed to have been in writing in order to have been valid.The court also pointed out that in Delaware,the state at issue,the partial-performance exception to the statute of frauds does not apply to oral contracts incapable of being performed within a year.

Question 7

Oral modifications are inadmissible and unenforceable if a contract's terms require that modification be in writing.

Accepted Answer

According to the Statute of Frauds, certain contracts must be in writing to be enforceable, and therefore any oral modifications to such contracts would not be admissible or enforceable.

Question 8

Whenever a written agreement under the statute of frauds contains a serious,and obvious,typographical error,parol evidence is admissible to demonstrate that the error was indeed an error,as well as to set forth the proper term.

Accepted Answer

This statement is true. Parol evidence may be allowed in cases where there is a clear typographical error in a written contract governed by the statute of frauds. The goal is to correct the error and give effect to the parties' true intentions.

Question 9

Thea has a large farm and significant other assets.She agreed to loan her nephew Marcus $100,000 with payments of principle and interest to be made yearly.A few years later she and Marcus got into a dispute because Thea did not like his new girlfriend,Eileen.Soon thereafter Marcus got notice that Thea was suing him for not paying interest on the note.Marcus defended on the basis that two years after the initial loan agreement was entered into,he and Thea 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 Thea and Marcus involving whether he owes past interest amounts?
A)Assuming the court credits Marcus' account of events,Marcus 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.
B)Marcus will be required to pay the interest amounts because the agreement involving performing services in lieu of paying interest was not in writing.
C)Marcus will be required to pay the interest amounts because the parol evidence rule bars evidence of any oral agreement outside the written agreement.
D)Assuming the court credits Marcus' account of events,Marcus will not be required to pay the interest amounts because the oral agreement will be considered a separate enforceable agreement.
E)Assuming the court credits Marcus' account of events,based on the parol evidence rule,Marcus will be required to pay only 1/2 of the interest amounts.

Accepted Answer

A)The court in the Case Opener involving Monroe Bradstad and Jeanne Garland ruled that the oral agreement at issue was enforceable as a separate agreement entered into after the original written agreement that was the subject of the dispute.
B)The court in the Case Opener involving Monroe Bradstad and Jeanne Garland ruled that the oral agreement at issue was enforceable as a separate agreement entered into after the original written agreement that was the subject of the dispute.
C)The court in the Case Opener involving Monroe Bradstad and Jeanne Garland ruled that the oral agreement at issue was enforceable as a separate agreement entered into after the original written agreement that was the subject of the dispute.
D)The court in the Case Opener involving Monroe Bradstad and Jeanne Garland ruled that the oral agreement at issue was enforceable as a separate agreement entered into after the original written agreement that was the subject of the dispute.
E)The court in the Case Opener involving Monroe Bradstad and Jeanne Garland ruled that the oral agreement at issue was enforceable as a separate agreement entered into after the original written agreement that was the subject of the dispute.

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

This statement is true. In the U.S., the requirements for what falls within the statute of frauds have expanded over time, while in England, most of their requirements for a writing have been repealed under the Law of Property (Miscellaneous Provisions) Act 1989.

Question 11

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

Accepted Answer

Parol evidence is generally not admissible to alter, contradict, or add to the terms of an integrated (fully and finally written) contract, except for certain exceptions such as clarifying ambiguities, proving fraud, or showing that the contract was not meant to be a complete agreement.

Question 12

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 Scalisi et al.v.New York University Medical Center discussed in the text?
A)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.
B)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.
C)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.
D)The medical center will prevail based upon the written contract.
E)The oral agreement will be enforced,and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete.

Accepted Answer

A)The state court of appeals ruled in favor of the medical center finding that even if the alleged oral promises had been made,they were inadmissible in light of the existence of the subsequent written agreement directly contradictory to them.
B)The state court of appeals ruled in favor of the medical center finding that even if the alleged oral promises had been made,they were inadmissible in light of the existence of the subsequent written agreement directly contradictory to them.
C)The state court of appeals ruled in favor of the medical center finding that even if the alleged oral promises had been made,they were inadmissible in light of the existence of the subsequent written agreement directly contradictory to them.
D)The state court of appeals ruled in favor of the medical center finding that even if the alleged oral promises had been made,they were inadmissible in light of the existence of the subsequent written agreement directly contradictory to them.
E)The state court of appeals ruled in favor of the medical center finding that even if the alleged oral promises had been made,they were inadmissible in light of the existence of the subsequent written agreement directly contradictory to them.

Question 13

When a contract is incomplete,a court will not look at industry standards to complete the contract unless the parties had agreed to follow standard industry practice.

Accepted Answer

Courts can look at industry standards to fill in gaps in incomplete contracts, even if the parties did not explicitly agree to follow standard industry practice, as part of the effort to interpret the parties' intentions and ensure fairness.

Question 14

An oral contract for customized goods that would normally have to be in writing is enforceable.

Accepted Answer

An oral contract for customized goods is an exception to the general rule that contracts for goods worth more than $500 must be in writing to be enforceable under the Statute of Frauds. Therefore, an oral contract for customized goods is enforceable.

Question 15

The concept of performance has no effect on the statute of frauds.

Accepted Answer

The statute of frauds refers to the requirement that certain contracts be in writing to be enforceable. Performance, or the completion of the terms of a contract, does not affect whether or not the contract falls under the statute of frauds.

Question 16

Which of the following is false regarding written contracts?
A)In general,written contracts aid in the conduct of smooth business contracts.
B)The moment of writing allows both parties to reconsider terms and ensure what they desire.
C)The idea of requiring a writing comes from an English law.
D)Disputes are easier to settle when contractual terms are solidified in writing.
E)All contracts must be in writing in order to be enforced.

Accepted Answer

A)Only specific types of contracts are within the scope of the statute of frauds and
thus required to be evidenced by a writing.
B)Only specific types of contracts are within the scope of the statute of frauds and thus required to be evidenced by a writing.
C)Only specific types of contracts are within the scope of the statute of frauds and thus required to be evidenced by a writing.
D)Only specific types of contracts are within the scope of the statute of frauds and thus required to be evidenced by a writing.
E)Only specific types of contracts are within the scope of the statute of frauds and thus required to be evidenced by a writing.

Question 17

A promise to pay a debt that has already been discharged in bankruptcy must be in writing in order to be enforceable in some states.

Accepted Answer

In some states, a promise to pay a debt that has already been discharged in bankruptcy must be in writing in order to be enforceable. This is because the debt is no longer legally owed and the promise to pay is essentially creating a new obligation. Therefore, the statute of frauds may require the promise to be in writing. However, this requirement varies by state and should be checked with local laws.

Question 18

The statute of frauds includes in its scope contracts related to an interest in land.

Accepted Answer

The statute of frauds requires certain contracts to be in writing to be enforceable in court, including contracts related to an interest in land such as the sale, lease, or mortgage of real property.

Question 19

There is federal U.S.legislation titled "Statute of Frauds".

Accepted Answer

There is no federal U.S. legislation titled "Statute of Frauds"; it is a legal concept that exists in various forms in state laws, requiring certain contracts to be in writing to be enforceable.

Question 20

The Uniform Electronic Transactions Act reflects the decision that electronic transactions do not constitute a written copy because the electronic transaction is not technically a written document.

Accepted Answer

The Uniform Electronic Transactions Act (UETA) actually establishes the legal equivalence of electronic records and signatures with their paper counterparts, recognizing that electronic transactions do constitute a "writing" and are legally binding, thus not excluding them because they are not in a traditional paper format.

Quiz 18: Contracts in Writing