Question 1

When a court deems a contract integrated,parol evidence is generally inadmissible.

Accepted Answer

An integrated contract is a written contract intended to be the complete and final representation of the parties' agreement.When a court deems a contract integrated,unless an exception applies,parol evidence is inadmissible.

Question 2

The statute of frauds serves to protect promisors from poorly written contracts.

Accepted Answer

The statute of frauds serves to protect promisors from poorly considered oral contracts by requiring certain contracts to be in writing.

Question 3

Primary obligations to pay a debt must be in writing to be enforceable.

Accepted Answer

Primary obligations to pay a debt are not within the statute of frauds and,therefore,need not be in writing to be enforceable.Secondary obligations,however,are within the statute of frauds and need to be in writing.A secondary obligation arises when a party outside a primary agreement promises to fulfill one of the original party's (the primary debtor's)obligations if the original party (the primary debtor)fails to fulfill his or her obligation.

Question 4

Whenever a written agreement under the statute of frauds contains a serious and obvious typographical error,parol evidence is inadmissible to correct the error.

Accepted Answer

Whenever a written agreement under the statute of frauds contains a serious and obvious typographical error,parol evidence is admissible to demonstrate that the typo was a typo and to set forth the proper term.Allowing parol evidence to correct typos does not fundamentally alter the written agreement because the typo is not an accurate reflection of the parties' agreement.The agreement is not altered by correcting a typo; instead,the agreement is clarified.

Question 5

When an assignor transfers her rights to an assignee,the assignor legally retains all rights she has to collect on the contract.

Accepted Answer

When an assignor transfers her rights to an assignee,the assignor legally gives up all rights she previously had to collect on the contract.After the transfer of rights,the assignee,not the assignor,may legally demand performance from the other party to the original contract.

Question 6

A prenuptial agreement is an agreement two parties enter into before the marriage that states the date certain on which the marriage relationship will effectively terminate.

Accepted Answer

A prenuptial agreement is an agreement two parties enter into before the marriage that clearly states the ownership rights each party enjoys in the other party's property.

Question 7

Subrogation refers to an agreement in which a third party agrees to pay the debt owed by another party if that other party fails to pay his or her debt.

Accepted Answer

Suretyship refers to an agreement in which a third party agrees to pay the debt owed by another party if that other party fails to pay his or her debt.

Question 8

There is no federal statute of frauds.

Accepted Answer

There is no federal statute of frauds; instead,such legislation exists at the state level,with the exception that Louisiana,Maryland,and New Mexico have statutes of frauds created by judicial decision rather than by legislation.

Question 9

The Uniform Commercial Code requires that contracts for the sale of goods for $500 or more must be in writing in order to be enforceable.

Accepted Answer

Agreements in which the total price for a sale of goods is $500 or more are required by Uniform Commercial Code Section 2-201 to be recorded in a written contract or a memorandum.

Question 10

Partial performance can override the statute of fraud's requirement for a written agreement.

Accepted Answer

Partial performance can override the statute of fraud's requirement for a written agreement.The logic is that the actions of both parties demonstrate the existence of their agreement,so the agreement no longer needs to be in writing to be enforceable,even though a writing would otherwise be needed.

Question 11

The statute of frauds relates to fraudulent contracts.

Accepted Answer

The statute of frauds is misleading in the sense that is does not relate to fraudulent contracts,nor does it address the issue of illegal contracts.

Question 12

A delegation occurs when a party to a contract transfers her rights to a contract to a third party.

Accepted Answer

An assignment occurs when a party to a contract transfers her rights to a contract to a third party.

Question 13

In the context of the parol evidence rule,the word "parol" means the release of a prisoner temporarily for a special purpose or permanently before the completion of a sentence,on the promise of good behavior.

Accepted Answer

The word "parol" in the parol evidence rule means "speech" or "words," specifically words outside the original writing.

Question 14

The parol evidence rule is a common law rule that specifically addresses the admissibility of written evidence as it relates to oral contracts.

Accepted Answer

The parol evidence rule is a common law rule that specifically addresses the admissibility of oral evidence as it relates to written contracts.The parol evidence rule states that oral evidence of an agreement made prior to or contemporaneously with a written agreement is inadmissible when the parties intend the written agreement to be the complete and final version of their agreement.

Question 15

Although a mutual promise to marry falls within the statute of frauds,prenuptial agreements do not.

Accepted Answer

Although a mutual promise to marry does not fall within the statute of frauds,prenuptial agreements do.To be enforceable,prenuptial agreements must be in writing.

Question 16

If the buyer in an alleged contract for the sale of land has paid any portion of the sales price and either has begun to permanently improve the land or has taken possession of the land,the courts will consider the contract partially performed,and this partial performance will amount to proof of the contract.

Accepted Answer

Although the statute of frauds requires a writing for sales of interests in land,there is an exception based on the theory of partial performance.Under partial performance,if the buyer in an alleged contract for the sale of land has paid any portion of the sales price and either has begun to permanently improve the land or has taken possession of the land,the courts will consider the contract partially performed,and this partial performance will amount to proof of the contract.

Question 17

Under the respondeat superior rule,contracts that would normally fall under the statute of frauds and need a writing if negotiated by the principal must be in writing even if negotiated by an agent.

Accepted Answer

Under the equal dignity rule,contracts that would normally fall under the statute of frauds and need a writing if negotiated by the principal must be in writing even if negotiated by an agent.

Question 18

The party who receives the rights of another party in a contract is called a delegatee.

Accepted Answer

An assignment occurs when a party to a contract,the assignor,transfers her rights to a contract to a third party,the assignee.In other words,the assignor gives to the assignee the right to collect what was contractually agreed on in the original contract.

Question 19

Mortgages and leases need not be in writing in order to be enforceable.

Accepted Answer

In addition to contracts for the sale of land,contracts transferring other interests in land are also within the statute of frauds.Mortgages and leases are within the statute of frauds because they are considered transfers of an interest in land.

Question 20

The statute of frauds requires that both contracting parties sign the written agreement.

Accepted Answer

Although it is standard for both parties to sign the agreement,because the writing is being offered as proof of an agreement,only the party against whom action is sought needs to have signed the writing.If only one party signed,the agreement is enforceable against the signing party but not against the non-signing party.

Quiz 13: Contracts in Writing and Third-Party Contracts