The title "statute of frauds" is misleading because: _______.
there is not one statute, but rather the statute of frauds is a general collection of concepts that has been incorporated at the state level
One of the benefits of the statute of frauds is that it: _______.
makes contractual negotiations easier by ensuring all the specific terms of a contract are written and aware to all parties
A benefit of the statute of frauds to enforcement of a contract is that it
prevents unreliable oral evidence from interfering with a contractual relationship.
Contracts that have terms that ______ possible performance within a year fall _______ the scope of the statute of frauds.
within
&
prohibit
For examination of statute of frauds applicability, the one year period begins the day after the contract is ______, not when it is scheduled to begin.
created
There is ______ federal legislation entitled "statute of frauds", but rather the concept of the statute of frauds exist in _______ law.
state
&
no
By requiring that a contract be in writing, the statute precludes the admittance of _____ evidence denying the existence of a contract or claiming additional terms that would _______ alter the contract from its agreed-on written form.
substantially
&
oral
One of the purposes of the statute of frauds is to ______ unreliable _______ evidence from interfering with a contractual relationship.
prohibit
&
oral
What must be done in relation to contracts involving an interest in land?
Contracts involving an interest in land are covered by the statute of frauds, and as such, must be in writing.
When calculating the length of time it will take for performance on a contract to determine if the contract falls within the scope of the statute of frauds, the start date for calculating time will be the day: _______.
after the contract is create
According to the statute of ______, if a contract can possibly be performed within one year, the contract does not need to be in writing in order to be enforceable.
frauds
The statute of frauds is found in what federal code?
It is not found in any federal code, but rather is encompassed in state statutes and state common law.
If there is a property interest attached to a marriage contract, then what is true about the contract?
The contract must be in writing.
If a contract can possibly be performed within a year, even if such performance is highly ______, then the contract _______ be in writing to be enforceable.
unlikely
&
does not need to
In a normal marriage agreement involving _______ promises to marry, that agreement does not have to be: ______.
mutual
&
written
A prenuptial agreement is an agreement made by two parties regarding ownership rights to property: _______.
prior to a marriage
If one party promises something to another party as part of an offer of _______ then the contract must be ______. (Choose TWO best answers)
written
&
marriage
In order to be considered exempt from the statute of frauds, a contract: _______.
must be possibly performed in one year, even if the performance is highly unlikely
If there is something in addition to a promise to marry as part of a marriage agreement, then the agreement: _______.
must be in writing
A normal marriage agreement is typically a(n): _______.
mutual promise that does not fall within the statute of frauds
A prenuptial agreement involves a contract before marriage: _______.
dealing with property rights
A(n) _______ obligation occurs when a party ______ a primary agreement promises to fulfill one of the original party's debts or obligations.
outside
&
secondary
If the main purpose for incurring a(n) _______ obligation is to obtain a(n) ______, then the promise does not fall within the statute of frauds.
secondary
&
personal benefit
Contracts in which ______ promise(s) something in exchange for another's promise to marry must be ________ to be enforceable
one party
&
written
Secondary obligations are also known as:_______. (Check ALL that apply.)
COLLATERAL PROMISES
&
SECONDARY PROMISES
(my bad i had caps lock on)
If the main purpose for taking on a secondary obligation is personal benefit, then
the agreement does not fall under the statute of frauds and does not have to be in writing.
According to the statute of ______, if a contract can possibly be performed within one year, the contract does not need to be in writing in order to be enforceable.
frauds
Which of the following does not fall within the statute of frauds and as such, the contract does not have to be in writing? (Check ALL that apply.)
Secondary obligations where the main reason is to obtain a personal benefit
&
Primary obligations
Mutual promises for _____ do not require a(n) ________ contract.
marriage
&
written
The following transfer in interests in land fall within the statute of frauds? (Check all that apply.)
Mortgage contracts
&
Lease contracts
______ obligations do require a written contract, unless the main purpose of the contract is to obtain a(n)_______.
secondary
&
personal benefit
In an agreement for the sale of goods over $500, only the _____ needs to be stated.
quantity
Mortgages and _______ fall within the statute of frauds because they are considered ______ interest in land.
transfers of an
&
leases
In the context of the circumstances in which the Statute of Frauds applies, contracts involving secondary obligations are included under _____.
suretyship
The required elements of a(n) _______ agreement under the statute of frauds are ______ of parties, subject matter of the agreement, consideration, and any pertinent terms. (Choose TWO best answers)
identification
&
written
______ obligations do not require a written document.
Primary
What section of the UCC requires contracts in excess of $500 to be in writing?
Section 2-201
Contracts made in consideration of marriage ______ subject to the Statute of Frauds.
are
What are the elements of a written agreement under the statute of frauds? (Check all that apply.)
All pertinent terms must be listed.
&
Parties to a contract must be identified.
&
The subject matter of the agreement must be defined.
Under the statute of frauds, an individual can make a(n) ______ on a contract to indicate a signature, as long as that was the _______ of the party.
mark
&
intent
What is not a valid exception to the statute of frauds?
A contract that is unprofitable to all parties
Identify the circumstances in which the Statute of Frauds applies. (Check ALL that apply.)
Contracts involving secondary suretyships
&
Contracts related to an interest in land
In order to meet the written requirements of the statute of frauds, a document needs: _______.
some form of mark as long as it was meant as a signature
For the contract for sale of goods to be enforceable, both the UCC and the statute of frauds require that only _______ must have signed the written document.
the defendant
&
the party against whom action is sought
The following are exceptions to the statute of frauds: ______ to a contract, partial performance on a contract, and promissory _______. (Check TWO best answers)
admission
&
estoppel
The exception to the statute of frauds that is applicable when a buyer of land has paid a portion of the sales price to prove the existence of a contract is: _______.
Partial performance
_______ contracts for customized goods are ______, even if they would normally have to be in writing according to the UCC.
Enforceable
&
Oral
A(n) ______ is a statement made _______ or at some legal proceeding in which one party against whom charges have been brought admits to the existence of a contract.
admission
&
under oath
Which of the following are exceptions to the statute of frauds? (Check all that apply.)
Admission by one party to a contract
&
Partial performance on a contract
&
In an instance where promissory estoppel has been established
_______ is the only state that does not allow the admission exception as part of the statute of frauds.
California
The partial performance exception to the statute of frauds deals with: _______.
contracts with a property interest
Suppose Jim and Bruce enter into an oral agreement to lease Bruce's land for $500 so that Jim can graze his cattle. Nothing is in writing, but there is a handshake. Suppose Bruce changes his mind when he is offered more money. The parties fail to write do
be enforceable
&
admission
What constitutes a valid admission under the statute of frauds?
An admission is a statement under oath or as part of a legal process in which a party being sued admits the existence of a contract.
What states do not allow the admission exception as part of the statute of frauds? (Check all that apply.)
Louisiana
&
California
In addition to the statute of frauds, ______ allows for an admission provision to create a contract that is required, but is not in writing.
the Uniform Commercial Code (UCC)
What are the reasons why a partial performance exception to the statute of frauds could be applied? (Check ALL that apply.)
Buyer has taken possession of a land interest as part of a contract
&
Partial payment for a contract involving an interest in land
Promissory _______ is the legal enforcement of an otherwise unenforceable contract due to ______ reliance.
detrimental
&
estoppel
With the _____ admission exception, an admission made in court will be admitted, but only for the ______ admitted.
UCC
&
quantity
The statute of frauds provides an exception to its writing requirement when one party ______ relied on an oral contract, and this reliance was _______ by the other party.
foreseeable
&
detrimentally
In order to have promissory estoppel, the agreement: _______.
is not otherwise an enforceable contract
If a merchant agrees to sell goods to _______, it will be enforceable under the UCC even if it is ______.
another merchant
&
not in writing
What are the elements of the statute of frauds exception for promissory estoppal? (Check all that apply.)
The detrimental reliance of the injured party could have been foreseen by the other party.
&
One party detrimentally relied on an oral promise.
The partial performance exception to the statute of frauds covers contracts: _______.
involving property interest
What is the common law rule that bars the admission of oral testimony to prove agreement to certain terms if there is a written contract between the parties after the oral testimony occurs?
Parol evidence rule
_______ contracts for _______ goods are enforceable even if they would normally have to be in writing.
oral
&
specialized
The common law makes _____ evidence of an agreement _______ if it is made before or at the same time as a writing that the parties intend to be the complete and final version of their agreement. (Choose TWO best answers)
oral
&
inadmissible
The purpose of the parol evidence rule is to ______ oral evidence that substantially _______ the written agreement.
contradicts
&
prevent
Under the parol evidence rule, oral testimony is inadmissible to prove certain terms or agreement if it comes: _______. (Check all that apply.)
before the existence of a written contract.
&
at the same time as the execution of the written contract.
A(n) _____ clause seeks to blend other agreements wither into the final agreement or into something explicitly identified as being outside _______.
the final agreement
&
merger
The term "parol" means: _______.
speech or words outside of the written contract
If a fully integrated agreement has been written, then what is the presumption?
The presumption is that no oral evidence can be admitted to change terms of contract.
A written agreement under the parol evidence rule is presumed to be: _______.
complete
The common law ______ evidence rule bars _______ testimony meant to explain or add to terms to a written contract. (Check the TWO best answers)
parol
&
oral
The purpose of a merger clause is to: _______.
give direction to a judge that the written contract is intended to be the final and complete statement of the agreement
Once a fully ______ agreement has been written, no oral evidence of any prior or contemporaneous agreement can be admitted in court to change the terms of the agreement.
integrated
How many exceptions to the parol evidence rule are there?
8
Parol evidence regarding a contracts's subsequent ______ are an exception to the parol evidence rule and _______ in court.
modifications
&
admissible
The parol evidence rule _______ parties from introducing evidence that a written agreement was conditioned on terms agreed to ______.
does not prevent
&
orally
What kind of contract has an event or occurrence that must occur before the contract can be executed?
Condition precedent contract
When an agreement consists of both written and oral elements, then judges tend to treat the _______ contract as ______.
written
&
not finalized
Like the statute of frauds, the ______ evidence rule allows for eight ______ that would be admissible in court.
parol; exceptions
A court will allow what type of evidence to prove a subsequent modification of a written contract?
Parol evidence
What rule allows for oral evidence to prove that a written contract was based on oral terms?
Parol evidence rule
Judges will typically handle an agreement that consists of both written and oral elements by: _______.
treating the contract as not finalized and assuming the parties do not intend to have the written part represent the entire agreement
What are some of the exceptions to the parol evidence rule? (Check all that apply.)
Contracts that have been subsequently modified
&
Contracts with ambiguous terms
Courts allow evidence, even if it is ______, for the sole purpose of clarifying, not changing, _______ contractual terms.
ambiguous
&
oral
If a written agreement has missing parts, the court will: _______.
admit parol evidence to fill in missing parts
Evidence of the existence of a condition _______ agreed to orally is _______, because the contract is not modified by such evidence. (Choose TWO best answers)
admissible
&
precedent
If there is a an obvious typo in a written contract, the court will: _______.
admit parol evidence to correct the typo
If oral evidence is being offered to clarify an ambiguous term in a written contract, then the court will: _______.
admit the oral evidence
Courts can allow ______ evidence to ______ the missing parts, while not modifying the written agreement in any substantial way.
parol; fill in
When a contract is based on a future event occurring first, then that future event is called a condition ________.
precedent
What will a court use to determine if a contract is void or voidable?
The court will admit parol evidence to determine if a contract is void or voidable.
Whenever a written agreement contains a serious and obvious typographical error, ______ evidence is admissible to demonstrate it was an error, as well as to set forth the proper term.
parol
What allows for the use of parol evidence to clear ambiguity in a written contract by looking at past business dealings?
The UCC
______ contracts are _______ contracts intended to be the complete and final representation of the parties' agreement.
Integrated
&
Written
One way parties can create a(n) _______ contract is by having a(n) ______ clause in the contract.
integrated
&
merger
Some states will treat _______ clauses as ______, not binding elements of the contract the court must enforce.
merger
&
recommendations
Parol evidence will be admitted to determine if a contract is ______ or ______.
voidable
&
void
The _______ allows for parol evidence to be admissible to clarify ambiguity by addressing ______ business dealings.
UCC
&
previous
What type of contract is intended to be a complete and final representation of the parties' agreement?
Integrated contract
What is one way in which parties can create an integrated contract?
The parties can include a merger clause in the written contract.
Most states will ______ a(n) _______ clause to constitute the stated intent of the parties.
allow
&
merger