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1. David wants to borrow $1000 from Carl. Carl, however, wants some additional security. David asks his brother Sam, for help, Sam orally tells Carl
1. David wants to borrow $1000 from Carl. Carl, however, wants some additional security. David asks his brother Sam, for help, Sam orally tells Carl that in the event that David doesn't pay the loan, he will pay Carl back. This agreement: A. is not covered by the SOF because Sam is not a merchant B. is covered by the SOF because it is a collateral contract C. is covered by the SOF because it is for an amount over $500. D. is not covered by the SOF because it is an original contract rather than a collateral contract 2. True or false On May 1st, Jane agrees to work for Joe indefinitely. This oral contract is enforceable. 3. True or false If a party admits in a court proceeding the existence of an oral contract for the sale of goods with a purchase price of over $500, then the SOF is satisfied. 4. True or false All contracts for marriage must be in writing. 5. An assignment is not valid if: A. all of these. B. It adversely effects the obligor by changing his duty or increases his risk or burden significantly C. Is contrary to public policy D. An element of a personal relationship or personal skill or judgment on the part of the assignor is involved 6. Allan and Ben entered into a completely integrated written contract. Before the written contract was completed, Allan made an oral statement to Ben regarding the terms of the contract. This statement was not contained in the written contract. Under the parol evidence rule, evidence of Allan's oral statement would be admissible if it were used to: A. Neither of these. B. Contradict a term of the written contract C. Both of these. D. Clarify an ambiguous term in the written contrac 7. Bruce told Adam that he was selling his real property in Syracuse, New York. Adam sent Bruce an e-mail containing an offer of $300,000 for the property. Bruce responded via e-mail that he would accept $315,000 for the property. Adam accepted and a series of e-mails were sent containing the terms of the sale, and all included a salutation containing their typewritten names. Bruce later decides to sell the property to Marty instead of Adam. Most likely, Adam will: A. Win, because of the partial performance exception to the SOF B. Lose, because the contract does not meet the SOF C. Lose, under the parol evidence rule D. Win, because the essential terms of the contract were set forth in the signed e-mails 8. The Benson Ball Bearing Company orally agrees to sell 10,000 boxes of ordinary ball bearings to the Smith Motor company at a rate of $ 10.00 per box for a total of $100,000, and Smith orally agrees to pay that amount. Benson delivers 5,000 boxes, and Smith accepts. Smith refuses to pay, citing the SOF. Here Smith is obligated to pay: A. 75,000 B. $50,000 C. $100,000 D. Nothing 9. True or false A delegation occurs when the obligor transfers his rights to another. 10. True or false The SOF covers all contracts that are for an. indefinite period of time
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