BLAW CH13 SB

A(n) ______ clause is a clause parties include in a written agreement within the statute of frauds stating that the written agreement accurately reflects the final, complete version of the agreement.

merger

Which of the following is not a recognized exception to the statute of frauds?

nonperformance

A(n) ______ is a party who agrees to do something under a contract

obligor

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and void or voidable contracts?

Allowing evidence that proves a contract is void or voidable violates the parol evidence rule.

Which of the following is an accurate statement regarding the rights of third-party beneficiaries to sue to enforce contract obligations?

An intended beneficiary can sue to enforce a contract obligation, while an incidental beneficiary cannot sue to enforce a contract obligation.

According to the Uniform Commercial Code, which of the following is a recognized exception to the writing requirement of the statute of frauds?

An oral contract for customized goods

A(n) ______ occurs when a party to a contract transfers his or her duty to perform to a third party who is not part of the original contract.

delegation

A delegation occurs when a(n) ______ transfers his or her duty to perform to a(n) ______.

delegator; delegatee

Attorney Jack Highlander agrees to represent Charity Vance in a divorce proceeding next month. In this specific context, Highlander is a(n) ______ under the contract.

obligor

Contracts whose performance, based on the terms of the contract, cannot possibly occur within ______ fall within the statute of frauds and therefore must be in writing.

one year

Under ______ performance, if the buyer in an alleged contract for the sale of land has paid any portion of the sales price and has begun to improve the land permanently, the course will consider such actions proof of the contract.

partial

When an entire contract is conditioned on something occurring first, that first thing is known as a condition ______.

precedent

A ______ agreement is a contract entered into by two parties before marriage that clearly states the ownership rights each party enjoys in the other party's property.

prenuptial

Which of the following is an accurate statement regarding the relationship between the parol evidence rule and void or voidable contracts?

Courts allow parol evidence to demonstrate that a contract is void or voidable.

Which of the following is an incorrect statement regarding the subsequent modification of an existing, written contract?

If the contract's terms require modifications to be in writing, oral modifications are nevertheless admissible.

Which of the following is not a specific type of contract that falls within the statute of frauds?

a contract for the sale of goods valued at less than $500

Which of the following is a specific type of contract that falls within the statute of frauds?

a contract related to an interest in land

Under the equal dignity rule, contracts that would normally fall under the statute of frauds and need a writing if negotiated by the ______ must be in writing even if negotiated by a(n) ______.

principal; agent

Under the statute of frauds, which of the following parts of a land is not considered real property?

the tractors used on the land

Uniform Commercial Code Section, ______ requires a contract for the sale of goods priced at $500 or more to be in writing to be enforceable.

2-201

Under the statute of frauds, which of the following is not true of the contracts related to an interest in land?

Contracts transferring other interests in land are outside the statute of frauds.

Which of the following states does not adhere to the admission exception of the statute of frauds?

Louisiana

A(n) ______ is a party who agrees to do something under a contract.

Obligor

Which of the following is an incorrect statement regarding the applicability of the parol evidence rule to a nonfinalized, partially written and partially oral, contract?

When a contract consists of both written and oral elements, judges tend to treat the agreement as finalized.

Which of the following is not a recognized exception to the parol evidence rule?

contracts that are represented to be the full and final agreement of the parties

Which of the following is not a recognized exception to the parol evidence rule?

contracts with a merger clause

Suppose that Amanda contracts with Alex to clean his house. In return, Alex agrees to pay Amanda's credit card debt to her credit card company. In this third-party beneficiary contract, Alex is the ______.

promisor

The ______ in a third-party beneficiary contract is the party to the contract who made the promise that benefits the third party.

promisor

Which of the following is not a writing element required by the statute of frauds?

the signature of both parties at the end of the contract

Which of the following is not one of the main purposes of the statute of frauds?

to prevent parties from entering into contracts with which they do not agree

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts with serious and obvious typographical errors?

A written agreement is fundamentally altered by allowing parol evidence to correct a typo.

Suppose an assignor transfers rights to an assignee under a contract stating "I assign the contract," but nothing is said specifically about a delegation of duties. What would a court likely conclude regarding the assignment of rights and the delegation of duties under such a contract?

Due to its ambiguous language, the contract involves both an assignment of rights and a delegation of duties.

Which of the following is an accurate statement regarding the applicability of the parol evidence rule to evidence of a condition precedent?

Evidence of a condition precedent agreed to orally is admissible because the contract is not modified by such evidence.

Which of the following is an accurate statement regarding the relationship between the parol evidence rule and the subsequent modification of an existing, written contract?

Evidence of a written contract's subsequent modification is admissible if it was made after the contract and if it clearly indicates the modification.

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and evidence of prior dealings or usage of trade?

If worded improperly or ambiguously, an antiassignment clause does not effectively limit an assignment.

Which of the following is a distinct advantage of a merger clause?

It reduces the court's guesswork in determining whether the written agreement was in fact intended to be the final statement of an agreement. Need help? Review these concept resources.

______ promises, ______ promises, and suretyship promises refer to agreements in which a third party agrees to pay the debt owed by another party if that other party fails to pay his or her debt.

Secondary; collateral

According to the Uniform Commercial Code (UCC), Section 2-201, which of the following is an incorrect statement about contracts for the sale of goods priced at $500 or more?

Terms other than quantity must be exact and included in the written contracts.

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and evidence of prior dealings or usage of trade?

The parol evidence rule prohibits the admissibility of evidence of prior dealings or usage of trade.

Which of the following is an accurate statement regarding the enforceability of a prenuptial agreement?

To be enforceable, a prenuptial agreement must be in writing.

According to the ______, parol evidence is admissible for the sake of clarification if the evidence addresses prior dealings between the parties or usages of trade in the same business as the parties' field.

Uniform commercial code

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts containing ambiguous terms?

When a contract contains ambiguous terms, the court allows only written evidence to be introduced to clarify the ambiguous terms.

Which of the following is a correct statement regarding the relationship between the parol evidence rule and incomplete contracts?

When a contract is fundamentally flawed in missing critical information, courts can allow parol evidence to provide the missing information.

A(n) ______ is a statement made in court, under oath, or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed, even though the contract was required to be in writing.

adminsion

When parties include a(n) ______ clause in their contract, the parties are attempting to limit their ability to assign their rights under the contract.

antiassignment

Under the ______, contracts that would normally fall under the statute of frauds and need a writing if negotiated by the principal must be in writing even if negotiated by an agent.

equal dignity rule

Promissory ______ is the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract.

estoppel

Partial performance is an exception to the statute of ______ in which the performance of portions of an unwritten agreement by one or both parties can constitute proof that an oral contract exists between the parties.

frauds

Promissory estoppel is an exception to the statute of ______.

frauds

Various exceptions to the statute of ______ include admission, partial performance, and promissory estoppel.

frauds

A(n) ______ beneficiary is one who unintentionally gains a benefit from a contract between other parties.

incidental

A third-party beneficiary is a(n) ______ beneficiary of a contract between two other parties.

intended

Contracts are typically private agreements, in the sense that the focus of the contract is the two parties involved and no one else. The two parties are said to be in ______ of contract.

privity

The contracts involving promises to pay a debt that are within the statute of frauds are of a very limited kind. These promises are referred to as _____.

secondary promises, collateral promises, or suretyship promises

According to the statute of frauds, contracts whose performance cannot possibly occur within one year must be in writing. The one-year period begins to run ______.

the day after the contract is created

Which of the following is not an element required for a writing to satisfy the statute of frauds?

the signature of the plaintiff suing to enforce the contract

A(n) ______ contract is created when two parties enter into a contract with the intended purpose of benefiting a third party.

third-party beneficiary

Which of the following is not one of the main purposes of the statute of frauds?

to promote the notion that a person's word is his or her "bond"