Term
George promises to marry Beth if Beth promises to buy him a new Ferrari for his birthday. This promise must be in writing to be enforceable.
A. True
B. False |
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Definition
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Term
All contracts do not have to be in writing to be enforceable.
A. True
B. False |
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Definition
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Term
The statute of frauds has to do with fraud in the inducement of a contract.
A. True
B. False |
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Definition
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Term
To induce Ben's car dealership to sell Keith a car on credit, Mike promises that he will pay for his son Keith's car if Keith defaults on the loan. Mike's promise must be in writing to be enforceable.
A. True
B. False |
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Definition
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Term
Which of the following is a true statement about the history of the statute of frauds?
A. The original statute of frauds appeared in the Uniform Commercial Code.
B. The original statute of frauds became law in 1677.
C. The original statute of frauds became law in the British American colonies to protect the colonists from British oppression.
D. No state had a statute of frauds in the early days of U.S. history. |
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Definition
| B. The original statute of frauds became law in 1677. |
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Term
The rules of construction are rules that:
A. set down in a statute the ways that construction contracts must be written to avoid fraud.
B. allow the parties to a contract to introduce evidence to resolve contractual ambiguity.
C. disallow the court to hear testimony to show the meaning of language used in the contract.
D. allow a court to construct or make terms of a contract where none previously existed. |
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Definition
| B. allow the parties to a contract to introduce evidence to resolve contractual ambiguity. |
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Term
The words, "If he doesn't pay, I will." creates a:
A. defense to the statute of frauds.
B. primary contract between the one speaking the words and the one the words are spoken to.
C. suretyship.
D. merger clause. |
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Definition
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Term
Which of the following is a false statement about the main purpose doctrine?
A. Contracts determined to be created under the main purpose doctrine are not within the statute of frauds.
B. The underlying and fundamental purpose of a contract within the scope of the main purpose doctrine is to pay a duty for another party.
C. The main purpose doctrine is an exception to the suretyship provision of the statute of frauds.
D. The main purpose doctrine is also called the leading object rule. |
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Definition
| B. The underlying and fundamental purpose of a contract within the scope of the main purpose doctrine is to pay a duty for another party. |
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Term
Mimi had made an oral contract with Myra to make a new wardrobe for Mimi each year for the past two years for a sum of $300,000. Myra has made all the dresses and suits, and Mimi owes her for this last year. This is:
A. an administered contract and does not require a writing.
B. an executed contract and cannot be enforced by the courts.
C. a contract that should have been within the statute of frauds, but since one of the parties has fully performed, the court will most probably enforce Mimi's requirement to pay.
D. a contract within the statute of frauds and unenforceable without a writing. |
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Definition
| C. a contract that should have been within the statute of frauds, but since one of the parties has fully performed, the court will most probably enforce Mimi's requirement to pay. |
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Term
We-R-Dusters (WRD) and Best American Hotels (BAH) orally agreed to sell 500 Ostrich feather dusters to BAH. WRD delivered 400 of the dusters on January 15 but two weeks later, on February 1, BAH notified WRD that it would not honor the agreement. Which statement is correct?
A. The contract is void since it was oral.
B. The contract is enforceable against BAH for 400 dusters.
C. The contract is enforceable against BAH for the 500 dusters.
D. The contract is preventative. |
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Definition
| B. The contract is enforceable against BAH for 400 dusters. |
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