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Exam 16: Writing

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Question 31

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In entering into contracts for services, customers might be influenced by statements made by sales representatives. Businesses offering services often use standardized form contracts. Under the parol evidence rule, pre-contract statements made in these circumstances are effectively unenforceable. How can a business effectively and ethically use standardized form contracts and the parol evidence rule?

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This can be done by including a merger o...

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Question 32

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Bruce told Adam that he was selling his house in Syracuse, New York. Adam sent Bruce an e-mail containing an offer of $300,000 for the house. Bruce responded via e-mail that he wanted $315,000 for the house. After further e-mails, the parties finally agreed on a sale with a price of $310,000. A series of e-mails contained the terms of the sale, and all included a salutation containing their typewritten names. However, Bruce later decided to sell the house to Marty for $325,000. Adam sued Bruce, claiming that Bruce breached their contract for the sale of the house. Most likely, Adam will:

A) lose, because the contract does not meet the statute of frauds.
B) lose under the parol evidence rule.
C) win, because the essential terms of the contract were set forth in the signed e-mails.
D) win, because of the partial performance exception to the statute of frauds.

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Question 33

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April and Brian entered into a completely integrated written contract. Before the written contract was completed, April made an oral statement to Brian regarding the terms of the contract. This statement was not contained in the written contract. Under the parol evidence rule, evidence of April's oral statement would be admissible if it were used to:

Ned and Bill complete an oral contract for the sale of land from Ned to Bill for $100,000. Bill pays Ned the $100,000, and then begins to build his house on the land. At this point, Ned says that the deal is off and refuses to convey the deed to Bill. In doing so, Ned relies on the statute of frauds. Is this agreement enforceable by Bill?

A merger clause is also known as an:

A contract that cannot be performed within one year from the day on which it comes into existence:

Davis owes a $5 million debt to the C Bank. He also owes $2 million to Samuel. However right now, Davis is having trouble paying either loan. C Bank is willing to finance Davis' debt, but only if Samuel co-signs. Samuel, who fears that he'll get nothing on his $2 million loan if Davis doesn't get some help from the bank, is willing to do so. Thus, C Bank, Samuel and Davis complete a three-party agreement in which the bank agrees to finance the $5 million debt, Davis agrees to pay it back at a certain rate over a certain term, and Samuel agrees to pay the debt "in the event that Davis first defaults." Is this agreement covered by the statute of frauds? Why or why not?

King sent Foster, a real estate developer, a signed offer to sell a specified parcel of land to Foster for $200,000. King, an engineer, had inherited the land. Foster telephoned King the same day that he received his letter and accepted the offer. Which of the following statements concerning the contract is correct under the Statute of Frauds?

Sammy entered into an oral contract with Macaulay for sale of goods amounting to $900. Sammy paid the amount. But Macaulay refused to deliver the goods. Sammy thus suffered serious losses because of Macaulay's breach of contract. Sammy sued Macaulay. At the same time Macaulay took the defense under statute of frauds. Under which principle is Sammy protected?

The marriage provision in the statute of frauds is inapplicable in agreements that involve:

If the parties make an agreement that is partly printed and partly handwritten, the handwritten provisions prevail over the printed provisions in case of a conflict between them.

When the consideration given in exchange for the collateral promise is something the guarantor seeks primarily for his own benefit rather than for the benefit of the primary debtor, the contract:

An administrator makes an oral promise to pay the debts of the deceased from the funds of the decedent's estate. The debts amount to $60,000. This oral promise is enforceable.

The "confirmatory memorandum" exception to the UCC's Statute of Frauds provision:

If it is not indicated in the memorandum, where should the parties sign to make it enforceable?

Jones goes to a clothing store and orders $1000 worth of clothing on credit. The salesperson writes up a receipt describing the terms of the deal, but Jones does not sign anything. Three days later, the store delivers $750 worth of clothing, which Jones accepts. One day later, however, Jones decides that he doesn't want the clothing. When the store insists that he has to pay the full $1000, Jones pleads the statute of frauds. Does the statute of frauds give Jones a defense against payment here?

Some courts allow promissory estoppel to bind parties to oral contracts that otherwise would be unenforceable under the statute of frauds.

Which of the following is true of the statute of frauds?

Guy and Boyd make an oral contract whereby Guy agrees to sell Boyd, 480 widgets (goods) at a price of $480. Later, the parties want to modify the contract so that the price would become $520. This modification:

Which of the following is admissible with respect to a partially integrated contract?