Question 1

The parol evidence rule is an exclusionary rule of evidence

Accepted Answer

False

Question 2

The parol evidence rule only applies to written contracts

Accepted Answer

True

Question 3

The world \"parol\" literally means release

Accepted Answer

False

Question 4

The parol evidence rule would allow evidence to be introduced to explain what the parties meant by the term \"serrated\"

Accepted Answer

True

Question 5

The parol evidence rule prohibits introduction of all evidence that would result in modifying written contracts

Accepted Answer

False

Question 6

The statute of frauds has to do with fraud in the inducement of a contract

Accepted Answer

False

Question 7

Most types of contracts are valid without being written

Accepted Answer

True

Question 8

The statute of frauds generally requires that both parties sign the writing

Accepted Answer

False

Question 9

A collateral promise is an undertaking to be primarily liable for the principle debater\'s debt

Accepted Answer

False

Question 10

Jim promises to marry Cynda if Cynda will buy him a new Ferrari for his birthday. This promise must be in writing to be enforceable.

Accepted Answer

True

Question 11

A part performance exception to the statute of frauds in many states requires both that the transferee has paid at least a portion of the purchase price and has either taken possession of the real estate or has started to make valuable improvements on it

Accepted Answer

True

Question 12

The usage of trade is a practice or method of dealing, regularly observed and followed in a place, vocation, or trade.

Accepted Answer

True

Question 13

In an employment agreement with Karl, Arnold promises to work for Karl for the rest of his life. This promise must be in writing to be enforceable.

Accepted Answer

False

Question 14

Clara types a letter to David setting forth the terms of a contract between the two of them that falls within the statute of frauds. At the end of the letter, she types her name but does not sign her signature to it. If David wants to use the letter to satisfy the writing requirement, he may do so.

Accepted Answer

True

Question 15

A contract to pay for lawn care services costing $1,500 would have to be in writing to be enforceable

Accepted Answer

False

Question 16

Under the Code an oral contract for specially manufactured goods costing $500 is enforceable even if the seller has not begun their manufacture

Accepted Answer

False

Question 17

The UCC requires that all contracts for the sale of goods must be in writing

Accepted Answer

False

Question 18

Most courts consider a merger clause to be conclusive proof of an integrated contract

Accepted Answer

True

Question 19

In order to be sufficient, an agreement required to be written under the statute of frauds must be signed at the bottom and notarized

Accepted Answer

False

Question 20

Bob sends Fred a letter offering to sell Fred his car for $2,500. Fred writes back that he\'ll take it. They now must get together and write a memorandum because it is a sale of goods for over $500.

Accepted Answer

False

Question 21

The statute of frauds does not prevent the performance of oral contracts if the parties are willing to perform

Accepted Answer

True

Question 22

The parol evidence rule applies to partially written agreements

Accepted Answer

False

Question 23

When a court interprets an ambiguous contract, usage of the trade will take precedence over express terms in the contract

Accepted Answer

False

Question 24

To satisfy the statue of frauds, the person who wants to bring the lawsuit must sign a memorandum

Accepted Answer

False

Question 25

On March 20, Gordon orally agrees to work for Carrham, Inc. for a period of one year commencing on June 1. No writing is necessary here, because the contact can be performed within one year.

Accepted Answer

False

Question 26

The parol evidence rule applies only to integrated contracts, meaning those in which the parties have assented to the written agreement as the statement of the complete agreement between them.

Accepted Answer

True

Question 27

The parol evidence rule does not prevent the usage of evidence that a party would like to use to establish the defense of fraud, duress, or undue influence

Accepted Answer

True

Question 28

In interpreting a contract, terms which have been separately negotiated are given priority over standardized, pre-printed terms

Accepted Answer

True

Question 29

The English statute of frauds and the Code\'s provision differ in language but have the same basic legal effect: an oral contract for certain identified situations is void.

Accepted Answer

False

Question 30

In order to induce a car dealer to sell her son a car on credit, Mary promises that she will pay for the son\'s car if the son defaults on his monthly payments to the dealership. Mary\'s promise must be in writing or have a sufficient electronic record.

Accepted Answer

True

Question 31

An example of language creating a suretyship as meant under the statute of frauds would be the following: \"If my business partner does not write out the check for the supply bill for our company, I will.\"

Accepted Answer

True

Question 32

Tom\'s bank is threatening to repossess his car. Tom\'s mother promises the bank to pay Tom\'s obligation if Tom defaults. This promise must be in writing (or have a sufficient electronic record) to be enforceable.

Accepted Answer

True

Question 33

ABC Corp. is building a new office tower. Ace Plumbing Supplies refuses to provide plumbing materials on credit to the plumbing subcontractor on the building. ABC promises Ace that it will pay for the materials if the subcontractor does not. ABC\'s promise is unenforceable unless in writing.

Accepted Answer

False

Question 34

Although a contract to purchase an undeveloped lot must be in writing to be enforceable, a contract to run power lines over someone else\'s lot need not be

Accepted Answer

False

Question 35

The test under one year provision of the statute of frauds is based on the likelihood that the contract will be completed within one year

Accepted Answer

False

Question 36

The test under the one year provision of the statute of frauds is based on the likelihood that the contract will be completed within one year

Accepted Answer

True

Question 37

A party to a contract that is unenforceable because of the statute of frauds may be able to recover in restitution

Accepted Answer

True

Question 38

The UCC permits an oral agreement for the sale of goods to be enforced against a party who admits to the contract in court, even though the statute of frauds requires the agreement to be in writing.

Accepted Answer

True

Question 39

The suretyship provision rule within the statute of frauds applies to cases involving one party\'s promising to perform the duty of another party to yet a third party

Accepted Answer

True

Question 40

The main purpose doctrine is an exception developed by the courts to the suretyship provision

Accepted Answer

True

Question 41

The suretyship provision has been interpreted to include promises made to a debtor

Accepted Answer

False

Question 42

The executor administrator provision applies to promises of an executor of a decedent\'s creditors

Accepted Answer

True

Question 43

The statute of frauds requires all contracts that can be fully within one year of their making to be in writing or proper electronic form

Accepted Answer

False

Question 44

The UETA has been adopted by all of the states to give full effect to emergency transactions

Accepted Answer

False

Question 45

The computation of time for the one year provision of the statute of frauds starts when the agreement is made, not when the performance is to begin

Accepted Answer

True

Question 46

Which of the following promises does NOT have to be evidence by writing in order to be enforceable?

Accepted Answer

D. Mindy\'s agreement with Susan to buy her bike for $400

Question 47

Chris receives a printed form in the mail from Wyandott Heating indicating that he has placed a telephone order for a $600 heater. He doesn\'t recall placing the order. Which of the following is correct?

Accepted Answer

B. Chris can hold Wyandott to the order

Question 48

In the states that have adopted it, the UETA:

Accepted Answer

A. Encourages a gives full effect to electronic contracts

Question 49

Which of the following is an exception to the suretyship provision requirement under the statute of frauds?

Accepted Answer

B. A promise, the leading object of which is to obtain an economic benefit for oneself

Question 50

E-sign Provides consumers must:

Accepted Answer

B. receive a \"clear and conspicuous\" statement informing them of their right to withdraw consent to receiving electronic records

Question 51

What is another name for the main purpose doctrine?

Accepted Answer

C. The leading object rule

Question 52

Under the parol evidence rule, which of the following types of evidence may be used to vary or contradict the written agreement?

Accepted Answer

C. Subsequent oral or written agreements modifying the original agreement

Question 53

Under the UCC, a(n) ____ is a sequence of previous conduct between the parties to an agreement which may be fairly regarded as establishing a common basis of understanding for interpreting their conduct under the contract.

Accepted Answer

A. Course of dealing

Question 54

Under the UCC, ____ refers to the manner and extent to which the respective parties to a contract have accepted successive tenders of performance by the other party without objection.

Accepted Answer

C. Course of performance

Question 55

Under the UCC, a(n) ____ is a practice or method of dealing, regularly observed and followed in a place or vocation or trade.

Accepted Answer

B. Usage of trade

Question 56

In determining the meaning of a contract under the UCC, which of the following will have first priority?

Accepted Answer

D. Express term

Question 57

Which of the following would NOT require a writing under the statue of frauds?

Accepted Answer

D. Where a landscaper agrees to landscape the lot surrounding an office building

Question 58

Which of the following would NOT be subject to the writing requirements of Article 2 of the UCC?

Accepted Answer

D. Medical care received in a hospital

Question 59

E-sign:

Accepted Answer

D. Ensures that the electronic form of internet and e-mail agreements will not make them unenforceable because of the statute of frauds

Question 60

Which of the following need NOT be contained in a memorandum, which satisfies the general statute of frauds writing requirement?

Accepted Answer

C. A signature of the party suing

Question 61

Most states have statutes requiring which of the following contracts to be evidenced by a writing to be enforceable?

Accepted Answer

E. All of the above   A. Contracts to make wills B. Contracts for the sale of securities C. Contracts of the sale of personal property for more than $5,000 D. Contracts creating certain types of security interests

Question 62

On March 1, Sara, a student, received a telephone call from ComputerChip, Inc. offering her a job for one year beginning on June 15, after completion of the school year. According to the personnel manager, she will have to move to California and be ready to start work at 8:00 a.m. on June 15. Should Sara ask for a letter confirming the telephone conversation if she accepts the offer immediately?

Accepted Answer

C. Yes, because the job offer is for longer than one year from March 1

Question 63

Which of the following would be admissible under the parol evidence rule? Assume the written contract was made on June 1,2007 and that it is an integrated document?

Accepted Answer

A. A letter dated July 9,2007 reciting agreement to new delivery terms

Question 64

Barry\'s Sport Shop calls Champs Tee Shirt Company to order 200 designer tee shirts at $2 per shirt. The next day, Barry decides he can easily sell 100 more. Before the order is filled, he calls to change the order to 300 tee shirts. Champs sends 200. Can Barry force Champs to send the additional 100?

Accepted Answer

B. No, because Barry does not have a written signed by chaps tee shirts

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