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Exam 16: Writing, Electronic Forms, and Interpretation of Contracts

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Question 21

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A promise to pay a debt must be in writing if:

A) the debt is for more than $500.
B) the debt is now due and payable.
C) the promise is to pay the debt of another.
D) the debt owed is the promisor's.

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Question 22

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A promise to pay an attorney a fee owed by a third person can be enforced without a writing.

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Question 23

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The statute of frauds applies to:

When a person has performed services under an oral contract that cannot be enforced because of the statute of frauds, such person:

Bart was a self-made millionaire who had earned his fortune by dedicated hard work. Bart had worked so hard that he never had developed much of a social life. Bart met Linda and fell in love with her. When Bart proposed to Linda, she told him that she needed time before making such an important decision. Pressing her for a favorable response, Bart telephoned Linda and promised her $100,000 if she would marry him. Linda then accepted the proposal.?Bart contracted with Quick Builders for the construction of a home Bart intended to move into with Linda after their marriage. Construction by Quick was not very quick because Quick was not paying subcontractors the sums that they were owed. They, in turn, were not completing their work. To expedite matters, Bart called the subcontractors and assured them that Bart would pay any sums that Quick Builders did not pay if they would complete the construction.?Bart and Linda married and the subcontractors completed the work. Quick Builders did not pay the subcontractors in full. Bart failed to pay Linda the $100,000. Both Linda and the subcontractors sued Bart. Discuss the probable outcome of the lawsuits.

The parol evidence rule generally precludes testimony that would contradict a complete written contract.

When the statute of frauds applies and there is no written proof of the contract, the contract is:

When interpreting an integrated contract, a court will exclude parol evidence in all of the following cases except:

No writing is required for a service contract that can be performed within one year after the date of the agreement.

A person who is prevented from enforcing a contract because of the statute of frauds also is prevented from recovering the value of services, property, or money furnished the other party to the oral contract.

The parol evidence rule generally excludes words spoken before or at the time a written contract was executed from contradicting the terms of the contract.

In interpreting an ambiguous contract, one part of the contract:

A contract is interpreted to give effect to:

An insurance company cannot refuse to pay the fire loss of the buyer of a house on the grounds that the sales contract for the house was signed by electronic signature.

The parol evidence rule:

Suzy Anders enters into an oral contract to purchase a tract of land from Bill Hermes. The land is considered worthless, but Anders feels that she has discovered a possible usage that would drastically increase the value of the land. To assure herself of the potential value of the land, Anders orally hires an attorney to investigate the title and records associated with the land in question. Before gaining any information from her attorney, Anders orally contracts with a builder to construct a huge building on the site. Because of the size of the project, a completion time is difficult to predict. Anders now discovers that the land is indeed useless, a fact that she obtains through information from her attorney.?Anders now refuses to honor her contracts with Hermes, her attorney, and the builder. Must Anders honor her contractual agreements?

An oral contract can be enforced when it relates to:

Any of the following could satisfy the requirement of a writing under the statute of frauds except:

The provisions of a contract must be construed as a whole in such a way that every part is given effect.

The writing required by the statute of frauds in the case of a contract for the sale of land must: