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BLW 302 > Chapter 16 Book set > Flashcards

Chapter 16 Book set Flashcards

1
Q

A party who seeks the performance of an oral contract must prove that the contract existed.

A

True

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2
Q

Parol evidence can be introduced at trial to correct an obvious clerical error in a contract if the error clearly does not represent the parties’ agreement.

A

True

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3
Q

A promise to pay another’s debt only if that party fails to pay does not need to be in writing to be enforceable.

A

False

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4
Q

Natalie promises to pay for medical services provided by Otto to Polly. Natalie receives no personal benefit for the promise. To be enforceable, the promise must be in writing if

A

Natalie promises to pay only if Polly does not pay

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5
Q

A contract that is oral is always enforceable against a party to the agreement who does not wish to follow through with it.

A

False

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6
Q

In a dispute regarding an insurance claim, if a term in the written policy is ambiguous, parol evidence is admissible to show the meaning.

A

True

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7
Q

To clarify the terms of a written contract, a court will admit any parol evidence.

A

False

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8
Q

Air Flo, Inc., and Banyan Grove Apartments enter into an oral contract in which Air Flo agrees to provide air-conditioning and heating maintenance for Banyan Grove’s facilities for two years. This contract is enforceable by

A

none of the choices.
* Air Flo.
* Banyan Grove.
* any third party, such as a HVAC supplies provider.

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9
Q

Reliance on a certain type of oral contract can be enough to remove it from the Statute of Frauds.

A

True

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10
Q

Solar Power LLC and Trey enter into an oral contract under which Solar agrees to provide Trey with lifetime employment. This contract may be enforceable by

A

either Solar or Trey

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11
Q

An agreement that involves an option to buy real property need not be in writing for the option to be enforced.

A

False

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12
Q

ActioNOW and Becca enter into an oral contract in which Becca agrees to work on a project for ActioNOW for eighteen months. This contract is enforceable by

A

none of the choices
* Becca
* ActioNOW
* any third party, such as ActioNOW’s clients.

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13
Q

A party’s signature must be at the end of a writing for the writing to constitute an enforceable contract.

A

False

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14
Q

An oral promise to sell certain real property is enforceable without more, but the actual sale must be in writing to be enforceable.

A

False

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15
Q

To cater a holiday banquet, Food Service LLC agrees to buy one hundred pumpkin pies from Great Desserts Inc. To be enforceable, the agreement must be in writing if the pies cost at least

A

$500

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16
Q

Guardian Security Inc. and Hedge Fund Corporation enter into an oral contract under which Guardian agrees to provide services for Hedge’s offices for as long as needed. This contract may be enforceable by

A

either Guardian or Hedge

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17
Q

An oral contract for customized goods may be enforced in certain circumstances.

A

True

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18
Q

Under the Statute of Frauds, a contract involving an interest in land must be in writing to be enforceable.

A

True

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19
Q

Farah agrees to assume a debt owed by Guitars Inc. to Home Bank. The agreement is not in writing. To be enforceable under the “main purpose” rule, the promise must be for the benefit of

A

Farah

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20
Q

Duane and Evan orally agree to a transfer of forty acres of farmland. Evan asks Finance Bank to lend him the funds to buy the land. Under the Statute of Frauds, the agreement between Duane and Evan is enforceable by

A

none of the choices
* Duane, Evan, or Finance Bank
* Duane or Evan
* Finance Bank

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21
Q

Pumps Inc. agrees to assume a debt of Quality Parts Company to Reliable Finance LP. The agreement is not in writing. To be enforceable, the promise must be for the benefit of

A

Pumps

22
Q

Any contract involving consumer goods must be in writing to be enforceable.

A

False

23
Q

A contract must be in writing to be enforceable if its performance is not likely within a year of its formation, even if that performance is possible.

A

False

24
Q

Because the Convention on Contracts for the International Sale of Goods incorporates a Statute of Frauds provision, most nations require contracts to meet certain writing requirements to be enforceable.

A

False

25
Q

To satisfy the UCC’s Statute of Frauds, a writing evidencing a sales contract need only state the price term.

A

False

26
Q

A written contract or a written memorandum signed by the party who seeks to enforce it will satisfy the Statute of Frauds.

A

False

27
Q

A contract for the sale of land does not ordinarily include physical objects attached to the real property, such as buildings, fences, and trees.

A

False

28
Q

The assumption of direct financial responsibility for a debt does not need to be in writing to be enforceable.

A

True

29
Q

Elena offers to invest a certain amount in Falco’s business if Falco marries Elena’s daughter Glenna. This promise is enforceable

A

only if it is in writing

30
Q

Daredevil Rides Inc. owes debts to Equipment Company and Food Supplies, Inc. Equipment orally agrees to assume Daredevil’s debt to Food to prevent the concessionaire from filing a suit against Daredevil. This agreement is enforceable by

A

Daredevil, Equipment, or Food.

31
Q

A contract must be in writing to be enforceable if the contract makes performance possible within any definite period of time.

A

False

32
Q

A contract must be in writing to be enforceable if it cannot by its terms be performed within one year from the day after the contract’s formation.

A

True

33
Q

A written contract must consist of a single document to constitute an enforceable contract.

A

False

34
Q

An agreement made before marriage that defines each partner’s interest in the other partner’s property is a collateral promise.

A

False

35
Q

For a particular contract to fall under the one-year rule, the parties must subjectively believe that its performance is impossible to complete within a year.

A

False

36
Q

Kee and Lu enter into a contract for the sale of Mountain Valley Ranch. To be enforceable, this contract must be

A

in writing or evidenced by a written memorandum

37
Q

Lew tells a representative of Music Inc. that he will pay for Nora’s trumpet if she does not. Lew does not secure any personal benefit for this promise. This promise is enforceable as a contract

A

only if it is in writing

38
Q

A unilateral promise to pay a sum of money or to give property in consideration of a promise to marry must be in writing.

A

True

39
Q

An oral sales contract for goods priced at less than $500 is unenforceable.

A

False

40
Q

Any confirmation, invoice, sales slip, check, or e-mail may constitute a writing that satisfies the Statute of Frauds.

A

True

41
Q

In an effort to prevent fraud, the Statute of Frauds denies enforceability to certain contracts that do not comply with its requirements.

A

True

42
Q

An agreement subject to the writing requirement must be written on paper.

A

False

43
Q

The purpose of the Statue of Frauds is to ensure that, for certain types of contracts, there is reliable evidence of the contracts and their terms.

A

True

44
Q

Omar orally agrees with Pi Pizza to provide delivery service to its customers for nine months. This contract is enforceable by

A

either Omar or Pi.

45
Q

To be enforceable, a memorandum evidencing an oral contract must identify the consideration.

A

True

46
Q

A promise to pay a primary obligation normally must be in writing to be enforceable.

A

False

47
Q

An oral contract that should be in writing to be enforceable under the Statute of Frauds may be enforceable if it has been partially performed.

A

True

48
Q

An oral contract that would otherwise be unenforceable under the Statute of Frauds will not be enforced under the doctrine of promissory estoppel.

A

False

49
Q

A memorandum evidencing an oral contract must contain every term of the deal to be enforceable.

A

False

50
Q

Grain Co-op LLC and Hearty Cereals Inc. discuss the terms of a contract for deliveries of corn over a two-year period. This transaction falls within the provision of the Statute of Frauds involving

A

the one-year rule

BLW 302 (9 decks)

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