Unit 10

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true

Ambiguities in contracts are generally construed against the drafter.

false

Creditor beneficiaries can enforce contracts but donee beneficiaries may not.

false

Ed hires Mary on June 1 to work for him for eight months beginning December 31. The Statute of Frauds does not apply.

true

If a contract is partially integrated, prior consistent additional terms may be shown.

true

If a promisor's principal reason for acting as surety is to benefit himself, then the Statute of Frauds does not apply.

false

The UCC requires all contracts for the sale of goods to be in writing.

false

The parol evidence rule does not apply to prior written agreements.

true

Third party beneficiaries acquire rights at the time the original contract is made, whereas assignees acquire rights after the contract is made.

true

A beneficiary's rights are always limited by the express terms of the contract.

true

A promise made to a debtor to pay his debt, rather than to the creditor, is not within the Statute of Frauds.

false

A promisee may assign any right even if the obligor's obligation is materially changed.

false

An obligor can escape liability for performing the duty himself by simply delegating the duty to another.

false

An oral contract that was required to be in writing pursuant to the Statute of Frauds is void.

true

As a general rule, a contract need not be in writing to be enforceable. The Statute of Frauds requires that certain contracts, in order to be enforceable in court, must be in writing signed by the parties to be bound. There are six types of contracts covered by the Statute of Frauds: A. Where an executor or administrator promises to personally pay estate debts; B. Promises to pay the debts of another (suretyship promises); C. Promises in consideration of marriage; D. Interests in land; E. Contracts where the terms cannot be performed within one year; and F. Contracts dealing with the sale of goods of $500 or more.

false

Mutual promises to marry are required to be in writing under the Statute of Frauds.


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