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Exam 18: Contracts in Writing

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Question 31

Multiple Choice

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All states except ______ adhere to the admission exception to the statute of frauds.

A) Hawaii and Alaska
B) Louisiana and New York
C) Louisiana and California
D) Kentucky and Florida
E) North Carolina and Montana

F) D) and E)
G) None of the above

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Question 32

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"Lake House." Harry has two houses, a house on the lake and a house in town. Rebecca wants to buy the house on the lake. Harry and Rebecca orally agree that Rebecca will buy the house on the lake for $300,000. Harry hurriedly writes out a contract providing that he would sell "his house" to Rebecca for $300,000. Harry signs the top of the document. Rebecca does not sign at all. No merger clause is included in the contract. Harry backs out of the contract, and Rebecca sues him. He tells the judge that the statute of frauds is left unsatisfied because he did not sign the document at the end and also because Rebecca did not sign at all. He also tells the judge that, at any rate, the agreement referred to the house in town, not the house on the lake; and that under the parol evidence rule, he had the right to identify the correct house. -Which of the following is true regarding Harry's assertion that the statute of frauds is left unsatisfied because he did not sign the document at the end?

A) Harry is correct.
B) Harry is incorrect because while the statute of frauds would require his signature on the document, there is no requirement that the signature be at the end.
C) Harry is incorrect because the statute of frauds did not require his signature so long as the selling price was referenced.
D) Harry is incorrect because the statute of frauds did not require his signature so long as the type of subject matter involved was referenced.
E) Harry is incorrect because the statute of frauds did not require his signature so long as the parties were clearly identified.

F) A) and C)
G) A) and E)

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Question 33

Multiple Choice

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"Lake House." Harry has two houses, a house on the lake and a house in town. Rebecca wants to buy the house on the lake. Harry and Rebecca orally agree that Rebecca will buy the house on the lake for $300,000. Harry hurriedly writes out a contract providing that he would sell "his house" to Rebecca for $300,000. Harry signs the top of the document. Rebecca does not sign at all. No merger clause is included in the contract. Harry backs out of the contract, and Rebecca sues him. He tells the judge that the statute of frauds is left unsatisfied because he did not sign the document at the end and also because Rebecca did not sign at all. He also tells the judge that, at any rate, the agreement referred to the house in town, not the house on the lake; and that under the parol evidence rule, he had the right to identify the correct house. -Which of the following is true regarding Harry's assertion that the statute of frauds is not satisfied because Rebecca did not sign the document?

"Lake House." Harry has two houses, a house on the lake and a house in town. Rebecca wants to buy the house on the lake. Harry and Rebecca orally agree that Rebecca will buy the house on the lake for $300,000. Harry hurriedly writes out a contract providing that he would sell "his house" to Rebecca for $300,000. Harry signs the top of the document. Rebecca does not sign at all. No merger clause is included in the contract. Harry backs out of the contract, and Rebecca sues him. He tells the judge that the statute of frauds is left unsatisfied because he did not sign the document at the end and also because Rebecca did not sign at all. He also tells the judge that, at any rate, the agreement referred to the house in town, not the house on the lake; and that under the parol evidence rule, he had the right to identify the correct house. -Which of the following is true regarding Harry's assertion that under the parol evidence rule he had the right to identify the house referenced in the contract?

What types of contracts does the statute of frauds require to be in writing? Include in your answer contracts, if any, the UCC requires to be in writing.

The Uniform Electronic Transactions Act reflects the decision that electronic transactions do not constitute a written copy because the electronic transaction is not technically a written document.

One way parties can indicate their desire to create an integrated contract is through the use of a[n] ______ clause.

The purpose of the parol evidence rule is to prevent attempts to use only oral evidence to prove agreements.

"Courtroom Surprises." Wilma agrees to sell Wally her house for $200,000. Wilma, Wally, and the house are all located in Tennessee. She also orally agrees to sell her used car to Wally for $1,000. Wilma and Wally discuss the fact that the house needs some repairs. Wilma gives Wally a key and tells him to do whatever he wants with the house. In reliance on her promise to sell the house, Wally sells his home, gets a loan, and has a new roof put on Wilma's house because of leaks that needed to be repaired to prevent further damage. When presented with the written agreements of sale for the home and the car, however, Wilma refuses to sign either. Wally sues, and the case proceeds to trial. Wilma tells the judge in court under oath that she orally agreed to sell the house but that she changed her mind before signing and that she believes she has protection under the statute of frauds. She tells the judge that no agreement was ever made regarding the car and that she also has protection under the statute of frauds regarding that matter. -Which of the following is true regarding Wilma's statement to the judge under oath that she orally agreed to sell the house?

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

A[n] ______ is a statement made in court, under oath, or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed, even though the contract was required to be in writing.

In most states, which of the following are exceptions to when the statute of frauds would apply?

"Not So Rich Uncle." Bruce is attempting to convince Sally to marry him. He promises her that if she will marry him, he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date. Sally reluctantly agrees, and they sign an agreement by which Bruce agrees to provide the Mercedes and world tour. Bruce and Sally marry on January 1. Unexpectedly, on March 1, Bruce's supposedly rich uncle, Frank, dies. Frank has no living relatives other than Bruce and has a will leaving everything to Bruce who is also appointed executor. In attempting to settle the estate, Bruce agrees orally to pay out of his own pocket debts of Frank totaling $10,000. Sally is concerned about Bruce's doing so. Bruce tells her not to worry because he will get all the money back when the estate settles. Bruce admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry and did not want anything to slow down probate. The assets were needed in large part to satisfy his obligations to Sally. Surprisingly, it later came to light that prior to his death Frank had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Bruce to inherit. Bruce disavowed his agreement to pay the $10,000 to various creditors of Frank. -Which of the following is true regarding Bruce's promises to Sally of a Mercedes and a trip?

What does the term "parol" in the "parol evidence rule" mean?

Which of the following is needed in order to satisfy the UCC's requirement for a written document?

Which of the following is false regarding international treatment of evidentiary matters?

"Courtroom Surprises." Wilma agrees to sell Wally her house for $200,000. Wilma, Wally, and the house are all located in Tennessee. She also orally agrees to sell her used car to Wally for $1,000. Wilma and Wally discuss the fact that the house needs some repairs. Wilma gives Wally a key and tells him to do whatever he wants with the house. In reliance on her promise to sell the house, Wally sells his home, gets a loan, and has a new roof put on Wilma's house because of leaks that needed to be repaired to prevent further damage. When presented with the written agreements of sale for the home and the car, however, Wilma refuses to sign either. Wally sues, and the case proceeds to trial. Wilma tells the judge in court under oath that she orally agreed to sell the house but that she changed her mind before signing and that she believes she has protection under the statute of frauds. She tells the judge that no agreement was ever made regarding the car and that she also has protection under the statute of frauds regarding that matter. -Which of the following is true regarding Wilma's statement to the judge that the agreement to sell the car was covered by the statute of frauds?

Which of the following is an exception as to when a secondary obligation needs to be in writing?

Which of the following was the result in the Case Nugget in the text involving the dispute between Dr. Ralph M. Aurigemma and New Castle Care, LLC, involving whether an oral agreement entered into on September 4 involving Dr. Aurigemma serving as medical director from October 1 of that year until October 1 of the next year was enforceable?

Under ____, if the buyer in an alleged contract for the sale of land has paid any portion of the sale price, 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.