Question 1

Duane and Evan orally agree to a transfer of forty acres of farmland. Evan asks Finance Bank to lend him the funds to buy the land. Under the Statute of Frauds, the agreement between Duane and Evan is enforceable by
A)Duane or Evan.
B)Duane, Evan, or Finance Bank.
C)Finance Bank.
D)none of the choices.

Accepted Answer

The Statute of Frauds requires certain types of contracts, including those for the sale of real estate, to be in writing to be enforceable. Since Duane and Evan's agreement is oral, it does not meet the requirements of the Statute of Frauds and is therefore not enforceable by any party.

Question 2

Because the Convention on Contracts for the International Sale of Goods incorporates a Statute of Frauds provision, most nations require contracts to meet certain writing requirements to be enforceable.

Accepted Answer

The Convention on Contracts for the International Sale of Goods (CISG) does not incorporate a Statute of Frauds provision that requires contracts to be in writing to be enforceable. The CISG allows for contracts to be made in any form, including orally, unless the parties have agreed otherwise.

Question 3

Parol evidence can be introduced at trial to correct an obvious clerical error in a contract if the error clearly does not represent the parties' agreement.

Accepted Answer

Parol evidence can be introduced to correct a clerical error in a contract to ensure the written document accurately reflects the true agreement of the parties, especially when the error is obvious and does not represent the intended agreement.

Question 4

An oral contract that would otherwise be unenforceable under the Statute of Frauds will not be enforced under the doctrine of promissory estoppel.

Accepted Answer

Promissory estoppel can be used to enforce an otherwise unenforceable oral contract under the Statute of Frauds if one party has relied on the promise to their detriment.

Question 5

Reliance on a certain type of oral contract can be enough to remove it from the Statute of Frauds.

Accepted Answer

Certain oral contracts may be enforceable and not subject to the Statute of Frauds if they fall under exceptions such as full performance by one party, admission in court, or reliance on the contract that results in a significant change of position by one party.

Question 6

Any confirmation, invoice, sales slip, check, or e-mail may constitute a writing that satisfies the Statute of Frauds.

Accepted Answer

The Statute of Frauds requires certain types of contracts to be in writing to be enforceable, and this writing can take various forms, including confirmations, invoices, sales slips, checks, or emails, as long as it contains the essential terms of the agreement and is signed by the party against whom enforcement is sought.

Question 7

A party's signature must be at the end of a writing for the writing to constitute an enforceable contract.

Accepted Answer

A party's signature does not necessarily have to be at the end of a writing for the contract to be enforceable. The placement of the signature is not as important as the intent of the parties to be bound by the terms of the contract, which can be indicated through signatures placed elsewhere in the document.

Question 8

To cater a holiday banquet, Food Service LLC agrees to buy one hundred pumpkin pies from Great Desserts Inc. To be enforceable, the agreement must be in writing if the pies cost at least
A)$100.
B)$250.
C)$499.
D)$500.

Accepted Answer

Under the Statute of Frauds, a contract for the sale of goods priced at $500 or more must be in writing to be enforceable.

Question 9

A written contract or a written memorandum signed by the party who seeks to enforce it will satisfy the Statute of Frauds.

Accepted Answer

The Statute of Frauds requires that certain types of contracts be in writing and signed by the party against whom enforcement is sought, not necessarily by the party seeking to enforce it.

Question 10

An oral contract that should be in writing to be enforceable under the Statute of Frauds may be enforceable if it has been partially performed.

Accepted Answer

Partial performance of an oral contract that falls under the Statute of Frauds can make the contract enforceable, as it demonstrates a commitment to the agreement that courts may recognize, even if the contract was initially supposed to be in writing.

Question 11

Ben makes an appointment for a $50 haircut, buys a bike for $250, and agrees to work for Coding Associates for one year for $5,000 per month, starting at the beginning of next month. To be enforceable, a writing is required for
A)the appointment.
B)the purchase.
C)the employment agreement.
D)none of the choices.

Accepted Answer

The answer of Ben makes an appointment for a $50...

Question 12

Kee and Lu enter into a contract for the sale of Mountain Valley Ranch. To be enforceable, this contract must be
A)substantiated by reliable, external evidence.
B)signed in a sufficient manner by both parties.
C)in writing or evidenced by a written memorandum.
D)all of the choices.

Accepted Answer

The Statute of Frauds requires that contracts for the sale of real estate, like Mountain Valley Ranch, must be in writing or evidenced by a written memorandum to be enforceable.

Question 13

A party who seeks the performance of an oral contract must prove that the contract existed.

Accepted Answer

To enforce an oral contract, the party seeking performance must prove the existence of the contract's terms and that both parties agreed to these terms, which can be challenging without written evidence.

Question 14

To clarify the terms of a written contract, a court will admit any parol evidence.

Accepted Answer

Parol evidence rule generally prohibits the admission of extrinsic evidence (oral or written) to vary, contradict, or add to the terms of a written contract that is intended to be a complete and final expression of the parties' agreement.

Question 15

In a dispute regarding an insurance claim, if a term in the written policy is ambiguous, parol evidence is admissible to show the meaning.

Accepted Answer

Parol evidence is admissible in cases where a term in the written policy is ambiguous, to clarify the intended meaning of the term. This allows the court to consider external evidence to resolve the ambiguity.

Question 16

Air Flo, Inc., and Banyan Grove Apartments enter into an oral contract in which Air Flo agrees to provide air-conditioning and heating maintenance for Banyan Grove's facilities for two years. This contract is enforceable by
A)Air Flo.
B)Banyan Grove.
C)any third party, such as a HVAC supplies provider.
D)none of the choices.

Accepted Answer

Contracts that cannot be performed within one year must be in writing to be enforceable under the Statute of Frauds. Since this contract is for two years and is oral, it is not enforceable.

Question 17

A memorandum evidencing an oral contract must contain every term of the deal to be enforceable.

Accepted Answer

A memorandum evidencing an oral contract does not need to contain every term of the deal to be enforceable, but it must include the essential terms and be signed by the party against whom enforcement is sought.

Question 18

A written contract must consist of a single document to constitute an enforceable contract.

Accepted Answer

A written contract can be constituted by multiple documents that are related to each other, as long as they collectively contain all the essential terms agreed upon by the parties.

Question 19

An oral contract for customized goods may be enforced in certain circumstances.

Accepted Answer

Under the Uniform Commercial Code (UCC), an oral contract for the sale of goods, including customized goods, can be enforceable if the party against whom enforcement is sought admits that a contract was made, or if the goods were specially manufactured for the buyer and cannot be sold to others in the ordinary course of the seller's business.

Question 20

To be enforceable, a memorandum evidencing an oral contract must identify the consideration.

Accepted Answer

A memorandum evidencing an oral contract must identify the consideration to be enforceable because consideration is an essential element of a valid contract.

Quiz 16: The Writing Requirement

Duane and Evan orally agree to a transfer of forty acres of farmland. Evan asks Finance Bank to lend him the funds to buy the land. Under the Statute of Frauds, the agreement between Duane and Evan is enforceable by