Question
To satisfy the requirement of a writing, the Statute of Frauds and the UCC require a written contract or a written memorandum. the signature of
To satisfy the requirement of a writing, the Statute of Frauds and the UCC require
a written contract or a written memorandum.
the signature of the party against whom enforcement is sought.
both of the above
neither of the above
Oral contracts must be in writing to be enforceable.
true
false
Which of the following are within the portion of the Statute of Frauds that deals with interests in land?
sale of a house
real estate mortgage
purchase of an acre of land
all of the above
A promise by the executor of an estate to be personally liable for the debts of the deceasedmust be evidenced by a writing to be enforceable.
true
false
Ambiguities in a contract are construed against the party who wrote the contract.
true
false
The Statute of Frauds requires that certain types of contracts be evidenced by a writing to be enforceable.
true
false
Best Buy orders a shipment of computers from IBM. In order to have a valid writing for this sale of goods, which of the following MUST be included?
the price to be paid
the number of computers desired
the date of delivery
all of the above
Mother and Son go bicycle shopping. Son agrees to pay for the bike himself, and Mother agrees to pay if Son does not. The choices below list various uses to which the bicycle might be put. In which case would a writing NOT be required?
Son will be the only rider, and will ride the bike to school.
Mother will be the only rider, and will use the bike for exercise.
Son will be the primary rider, but Mother may borrow it from time to time.
No answer is correct; every choice requires a writing.
Which of the following contains all the elements of a written agreement and that can be enforceable under law?
"Henry Shay agrees to purchase hand-knit sweaters for $45 apiece. Signed, Henry Shay"
"Silvie Nader and Henry Shay are parties involved in this contract for the purchase of hand-knit sweaters on Wednesday, June 17. Signed, Henry Shay and Silvie Nader"
"Silvie agrees to mail six hand-knit sweaters, at $45 apiece, to the house on Wednesday, June 17. Signed, Silvie Nader"
"Agreement by Henry Shaw and Silvie Nader. Henry agrees to purchase from Silvie six of Silvie's hand-knit sweaters at $45 apiece. Signed, Henry Shay"
Arnold and Oscar orally agree that Oscar will buy Arnold's farm for $100,000. The contract is enforceable.
true
false
I hire Lady Gaga on July 4, 2017, to play at my Christmas party in 2018. I will pay her$10,000. Does this contract have to be in writing?
yes, because I will pay herover $500
yes, because the contract will take over a year to complete
both a and b
No, this contract need not be in writing.
Which of the following contracts are "within" the UCC Statute of Frauds?
the sale of a $300 tennis racquet
the sale of a $600 tennis racquet
the sale of $600 worth of tennis lessons
all of the above
Mother and Son go bicycle shopping. The bike Son wants costs $400. Which of the following arrangements with the bike shop would require a writing?
Son agrees to pay himself.
Mother agrees to pay herself.
Son agrees to pay, and Mother agrees to pay if he does not.
none of the above.
Which of the following are exceptions to the parole evidence rule. That is, what types of evidence ARE admissible in court?
evidence a contract was signed under duress
evidence a party to the contract is a minor
both of the above
neither of the above
Which of the following must NOT be in writing to satisfy the Statute of Frauds?
A promise to pay the debt of another
a mortgage fora home
the sale of a bicycle for $200
All of the above
Jess goes to work for Dell computers. Which of these contracts would require a writing?
"I will work for you for five years."
"I will work for you for life."
"I will work for you indefinitely."
all of the above
Catherine and Jacob have a written contract to buy and sell "100 cases of widgets". After signing the contract they orally agree to modify the contract to "1,000 cases of widgets". If they are in litigation concerning the amount of widgets involved in the contract, can evidence of the oral change be introduced into evidence?
No, since this violates the parol evidence rule
Yes, since both signed the original contract
Yes, since this is a post contract modification exception to the parole evidence rule
No, since this violates the best evidence rule
Erin decides to sell her house to Susan. A writing is NOT required for
the sale of the house.
a two-year lease during which Susan retains an option to buy the house
the sale of Erin's popcorn popper, valued at $10, to Susan.
the sale of Erin's Picasso painting, valued at $1 million, to Susan.
Under the Statute of Frauds, for contracts evidencing transactions other than a sale of goods, a writing must include
the quantity term
the subject matter
the consideration
all of the above
Charles orally promises Holly that he will marry her. He also states that if they ever get divorced, then he will transfer one-half of his assets to Holly. Holly marries Charles, but they divorce within one year. Charles' promise is
Legally enforceable
Legally enforceable to the extent it does not involve the transfer of land ownership
Not legally enforceable unless Holly can prove that Charles' promise materially influenced her decision to marry him
Not legally enforceable since it was not written
Which of the following is NOT electronic commerce legislation?
E-Sign Act
UETA
UCC
UCITA
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