Question
11. Which of the following rules may exclude from evidence written or spoken terms not contained in a written contract? - the mirror image rule.
11. Which of the following rules may exclude from evidence written or spoken terms not contained in a written contract?
- the mirror image rule.
- promissory estoppel.
- the parol evidence rule.
- the statute of frauds.
15. Which of the following oral contracts is generally enforceable under the statute of frauds?
- contracts for the sale of goods greater than $500.
- surety contracts (collateral contracts).
- contracts for the sale of land.
- contracts that by their terms can be completed in less than a year from the date of the contract.
17. The statute of frauds provision under the UCC applies:
- To contracts for the sale of goods greater than or equal to $500.
- To contracts for the sale of goods to be delivered in more than one shipment.
- To contracts for the sale of goods less than $500.
- To any contract for the sale of goods.
18. Which of the following is/are generally within the statute of frauds?
- a contract to do some construction work.
- all of these are within the statute of Frauds.
- a contract to hire a secretary "for life."
- an agreement to modify a contract for the sale of a car, in which the seller promises to sell the car for $3,500 instead of $4,000.
19. The parol evidence rule:
- denies parole to inmates that lied in court.
- prohibits evidence of oral or written statements that contradict a later written contract.
- all of these.
- prohibits the use of parol evidence to show that a contract was induced by fraud.
22. An oral contract to sell land:
- none of these.
- would never be enforceable.
- would be enforceable if the buyer paid a substantial portion of the purchase price and took possession of the land or made improvements on the land.
- would be enforceable if the buyer's main purpose in buying the land was to sell it within one year.
26. An assignor is:
- A person who transfers rights
- Is the obligor and has another person perform his duties
- A person who now owns the rights
- The individual who now has to perform the duties
27. For any written k parol evidence is admissible:
- to prove that a k is void, voidable or unenforceable.
- to prove that the k was subject to a condition.
- to explain an ambiguity in the contract.
- all of these
33. Smith and Jones make an oral contract for the sale of Smith's house at a price of$230,000. After paying Smith $150,000 of the purchase price, Jones gets the keysto the house and starts renovations on the house. One month later, Smith wants tokick Jones off his property. His argument is that the parties oral agreement isunenforceable under the SOF. Which is correct:
- Smith is correct because Jones has not paid the entire purchase price amount.
- Smith is correct because he is a merchant.
- Smith is incorrect because Jones paid part of the purchase price, took possession, and began renovations.
- Smith is correct because it's only been one month so it doesn't come under the SOF
34. Alice and Judy enter into an oral contract for sewing equipment totaling $450. Later, they agree to modify their contract so that the price Is now $520. This modification:
- can be either oral or written
- is unenforceable because the initial contract had to be in writing
- is enforceable as long as Alice and Judy made this modification face to face
- must be in writing
41. David wants to borrow $1000 from Carl. Carl, however, wants some additionalsecurity. 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:
- is not covered by the SOF because it is an original contract rather than a collateral contract
- is covered by the SOF because it is a collateral contract
- is not covered by the SOF because Sam is not a merchant
- is covered by the SOF because it is for an amount over $500.
45. An assignment is not valid if:
- It adversely effects the obligor by changing his duty or increases his risk or burden significantly
- all of these.
- An element of a personal relationship or personal skill or judgment on the part of the assignor is involved
- Is contrary to public policy
46. 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:
- Clarify an ambiguous term in the written contract
- Neither of these.
- Contradict a term of the written contract
- Both of these.
47. 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 allincluded a salutation containing their typewritten names. Bruce later decides tosell the property to Marty instead of Adam. Most likely, Adam will:
- Win, because of the partial performance exception to the SOF
- Lose, because the contract does not meet the SOF
- Win, because the essential terms of the contract were set forth in the signed e-mails
- Lose, under the parol evidence rule
48. 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:
- Nothing
- $50,000
- $100,000
- $75,000
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