BUL 5810 Final Study Guide part 2
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. - answer False
Clara types a letter to David setting forth the terms of their contract 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. - answertrue
Yukino pays $500 toward the purchase of a boat from Tyler. Although their agreement
for the
sale of the boat for $2,200 is oral, courts agree that her part payment and its
acceptance by Tyler
make the contract enforceable. - answerFalse
Under the Code an oral contract for specially manufactured goods costing $500 is
enforceable
even if the seller has not begun their manufacture. - answerFalse
Most courts consider a merger clause to be conclusive proof of an integrated contract. -
answerTrue
The parol evidence rule applies to partially written agreements. - answerFalse
An agreement required to be written under the statute of frauds must be signed at the
bottom
and notarized. - answerFalse
When a court interprets an ambiguous contract, usage of the trade will take precedence
over
express terms in the contract. - answerFalse
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. - answerFalse
The statute of frauds does not prevent the performance of oral contracts if the parties
are willing
to perform. - answerTrue
, To satisfy the statute of frauds, the person who wants to bring the lawsuit must sign a
memorandum. - answerFalse
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 contract can be
performed within one year - answerFalse
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. - answerTrue
The parol evidence rule does not prevent the use of evidence that a party would like to
use to
establish the defense of fraud, duress, or undue influence. - answerTrue
In interpreting a contract, terms which have been separately negotiated are given
priority over
standardized, pre-printed terms. - answerTrue
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. - answerFalse
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. - answerTrue
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." - answerFalse
Brent loans Manuel $1,600 on his oral promise to repay the loan in three annual
installments.Most courts would hold Manuel's promise is unenforceable under the one-
year provision of the statute of frauds. - answerFalse
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. - answerFalse
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. - answer False
Clara types a letter to David setting forth the terms of their contract 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. - answertrue
Yukino pays $500 toward the purchase of a boat from Tyler. Although their agreement
for the
sale of the boat for $2,200 is oral, courts agree that her part payment and its
acceptance by Tyler
make the contract enforceable. - answerFalse
Under the Code an oral contract for specially manufactured goods costing $500 is
enforceable
even if the seller has not begun their manufacture. - answerFalse
Most courts consider a merger clause to be conclusive proof of an integrated contract. -
answerTrue
The parol evidence rule applies to partially written agreements. - answerFalse
An agreement required to be written under the statute of frauds must be signed at the
bottom
and notarized. - answerFalse
When a court interprets an ambiguous contract, usage of the trade will take precedence
over
express terms in the contract. - answerFalse
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. - answerFalse
The statute of frauds does not prevent the performance of oral contracts if the parties
are willing
to perform. - answerTrue
, To satisfy the statute of frauds, the person who wants to bring the lawsuit must sign a
memorandum. - answerFalse
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 contract can be
performed within one year - answerFalse
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. - answerTrue
The parol evidence rule does not prevent the use of evidence that a party would like to
use to
establish the defense of fraud, duress, or undue influence. - answerTrue
In interpreting a contract, terms which have been separately negotiated are given
priority over
standardized, pre-printed terms. - answerTrue
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. - answerFalse
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. - answerTrue
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." - answerFalse
Brent loans Manuel $1,600 on his oral promise to repay the loan in three annual
installments.Most courts would hold Manuel's promise is unenforceable under the one-
year provision of the statute of frauds. - answerFalse
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. - answerFalse