LEGL 3000 – Chapter 11 – Flashcards
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If a price quotation contains a mistake in the adding of a number of figures, the contract may not be enforceable.
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True
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Overestimating the value of an object is a mistake for which a court will normally provide relief.
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False
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An innocent party can enforce a fraudulent contract.
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True
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An innocent party may seek damages for a fraudulent contract.
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True
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Misrepresentation of an opinion is an element of fraud.
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False
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Misrepresentation of a material fact cannot occur through conduct alone.
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False
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Scienter exists if a party makes a statement that he or she does not believe is true.
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True
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Intent to deceive is an element of fraud.
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True
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Reliance on a misrepresentation is justified if the misrepresentation is an obviously extravagant statement.
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False
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To rescind a contract for fraud, a plaintiff must prove an injury.
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False
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A contract entered into under duress is voidable.
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True
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Forcing someone to enter into a contract through fear created by threats is undue influence.
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False
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Under the Statute of Frauds, oral contracts are void.
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False
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Under the Statute of Frauds, all written contracts are enforceable.
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False
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Under the Statute of Frauds, all contracts induced by fraud must be in writ¬ing to be enforceable.
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False
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A contract involving property of any kind must be in writing to be enforceable.
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False
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A contract involving a sale is the only contract relating to an interest in land that must be in writing to be enforceable.
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False
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A contract may have to be in writing to be enforceable even if its performance is possible within a year.
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True
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A contract must be in writing to be enforceable unless its performance is impossible within one year.
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False
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All collateral promises must be in writing to be enforceable.
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False
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A party's oral agreement to pay another's debt is never enforceable.
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False
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To be enforceable, a contract for a sale of goods priced at $50 or more must be in writing.
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False
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An oral contract for a sale of land may be enforceable if the contract has been partially per¬formed.
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True
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To be enforceable, a memorandum evidencing an oral contract that would otherwise be unenforceable must include all essential terms.
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True
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To be enforceable, a writing evidencing an oral contract that would otherwise be unenforceable must be signed by the party who seeks to enforce it.
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False
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Oral evidence of otherwise clear terms in a contract can be introduced at a trial to contradict those terms.
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False
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Oral evidence of the modification of a contract after its making can be introduced at a trial.
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True
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Oral evidence of the meaning of a contract with incomplete terms can be introduced at a trial.
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True
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An integrated contract is the final embodiment of the terms of an agreement.
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True
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An integrated contract is a contract with more than one subject or part.
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False
