Statute of Frauds
A promise made in consideration of marriage need not be in writing under the Statute of Frauds.
False
For Statute of Frauds purposes, an "interest in land" includes only the land itself and any fixtures attached to the land.
False
Generally speaking, an oral contract that the Statute of Frauds requires to be in writing is voidable
False
If Amy hires Cyrina, a licensed real estate agent and broker, to sell his cabin, the contract does not have to be in writing as long as Cyrina's real estate license is in writing.
False
In a guarantee situation, there are only two parties involved.
False
Parol evidence can be admitted regarding additions to contracts, so long as they are reasonable.
False
Promissory estoppel is a remedy at law.
False
Regardless of whether or not the parties have defined the words or terms of a contract, the courts will apply what is referred to as the standards of interpretation.
False
The Statute of Frauds does not apply to mortgage contracts.
False
The UCC does not allow the integration of writings to form a single contract.
False
The equal dignity rule only applies if a private sale by owner of real estate is taking place.
False
The parol evidence rule prohibits any evidence outside the "four corners" of the written contract from being used to supplement or explain that contract.
False
The part performance exception to the Statute of Frauds applies only to guaranty contracts.
False
The source of the Statute of Frauds today is a federal statute.
False
A contract to provide a service to a person for the remainder of that person's life is not required to be in writing under the Statute of Frauds even if the services are to be provided to someone who is young and healthy.
True
A contract to provide services from February 1, 2007, to November 25, 2007, that was signed on September 15, 2003, is required to be in writing under the Statute of Frauds.
True
A lease for more than a one-year term must comply with the Statute of Frauds
True
A symbol or mark may act as an individual's signature as per the Statute of Frauds and the UCC's requirement that a written contract must be signed by the party against whom enforcement is sought.
True
A written contract may be enforceable against one party but not the other party.
True
Ed's Cars is selling a car called the "Whamo" for $499.00 to Jane. The contract between the parties does not have to be in writing.
True
Even if a contract is required to be in writing by the Statute of Frauds, the parties may voluntarily perform the contract if they so choose.
True
Fixtures, such as cabinets, start out as personal property but become part of the real estate when they are attached to the wall.
True
If Fred cannot finish building a 20-story hotel by the contract's own terms within one year of its formation, the contract must be in writing.
True
In a guaranty situation where the main purpose is not to benefit the guarantor, the guaranty contract must be in writing.
True
The "main purpose" or "leading object" exception is intended to ensure that the primary benefactor/guarantor of the contract is answerable for the debt or duty.
True
The "part performance" exception to the Statute of Frauds would allow an oral contract for the transfer of land to be enforced if the buyer had taken possession of and/or paid for the land.
True
The Statute of Frauds is generally raised by one party as a defense to the enforcement of the contract by the other party.
True
The Statute of Frauds may not be used as a defense to an already executed oral contract.
True
The parol evidence rule does not apply to agreements made after the primary agreement.
True
The physical attachment of several documents to form one contract may be allowed as long as the attachment indicates a party's intent to show integration.
True
The primary purpose of the Statute of Frauds is to ensure that the terms of important contracts are not forgotten, misunderstood, or fabricated.
True
Under the Statute of Frauds, express easements must be in writing.
True
Under the UCC Statute of Frauds, a contract for the sale of goods for the price of $500 must be in writing.
True
Under the doctrine of promissory estoppel, the promisor is prevented from asserting the Statute of Frauds as a defense to the enforcement of an oral contract.
True
Where there is a contradiction in the terms of a contract, specific terms will control over general terms.
True
