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Exam 14: Written Contracts

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Question 31

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Dick's Burgers n' Shakes enters into an oral contract with Restaurant Equipment Warehouse (REW) for REW's sale to Dick's of a single-spindle milkshake mixer for $300. Assuming the terms can be proved, the contract is enforceable by

A) Dick's or REW.
B) the manufacturer of the mixer.
C) any third party with a material interest, such as one of Dick's suppliers.
D) none of the choices.

E) B) and C)
F) A) and D)

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Question 32

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To satisfy the UCC's Statute of Frauds, a writing need only state the price term.

A) True
B) False

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Question 33

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A primary obligation is a promise to pay another's debt only if that party fails to pay.

For a particular contract to fall under the one-year rule, the parties must subjectively believe that its performance is impossible to complete within a year.

Fact Pattern 14 - 1 Grain Co-op LLC and Hearty Cereals Inc. discuss the terms of a contract for periodic deliveries of corn. Grain faxes Hearty a memo on Grain's letterhead that summarizes the points on which they agreed, including a two-year term. Grain begins to perform, and Hearty accepts the deliveries but refuses to pay. Refer to Fact Pattern 14 - 1. Between Grain and Hearty, there is

Maya and Nick enter into a contract. To be enforceable, the contract must include

Lewis tells a representative of Music Inc. that he will pay for Nora's trumpet if she does not. Lewis does not secure any personal benefit for this promise. This promise is enforceable as a contract

ActioNOW and Becca enter into an oral contract in which Becca agrees to work on a project for ActioNOW for eighteen months. This contract is enforceable by

Waterfront Hotel Corporation in Boston offers a job to Carol, who lives in Denver. Carol orally agrees to work for Waterfront for two years. She moves her family to Boston and begins work. Three months later, she is fired for no stated cause. She files a suit against the employer for reinstatement or pay. Waterfront pleads the lack of a written contract. In whose favor is the court likely to rule, and why?

Oscar orally agrees with Papa's Pizza Restaurant to provide delivery service to its customers for nine months. This contract is enforceable by

In a transaction for the sale of a warehouse, Storage Company tells Truck Transfer Corporation that the office furniture is included. The contract says nothing about furniture, but does state, "This document supersedes all oral promises relating to the sale." Is the furniture part of the sale? Why or why not?

Fact Pattern 14-3 Alain and Brie sign a contract for the sale of Alain's Patisserie to Brie. The parties intend their written contract to be a final statement of most, but not all, of the terms of their agreement-Alain must first buy the building from Commercial Properties, Inc., after which Alain and Brie will agree on a price. Refer to Fact Pattern 14-3. Brie later disputes some of the provisions of the deal with Alain. If the dispute results in litigation, a court will most likely admit evidence of additional terms that are

Oral evidence cannot be introduced at a trial to "fill in the gaps" of a contract with incomplete terms.

An integrated contract is a contract with more than one subject or part.

Merl separately buys a tablet for $500, running shoes for $200, and a set of the Game of Crowns books for $100. To be enforceable as a contract, a writing is required for the purchase of

Ranchland Properties and Prairie State Investments sign a written contract for a sale of land. In some states, to be enforceable, this contract must include

Physicians Clinic orders by phone seven boxes of single-use latex gloves from Quality Medical Supplies, Inc. After three boxes are delivered and accepted, Physicians Clinic repudiates the contract. Quality Medical can enforce the contract to

The Statute of Frauds operates as a defense to the enforcement of an oral contract for the sale of land.

In some states, an otherwise unenforceable oral contract may be enforced under the doctrine of promissory estoppel.

Under the Statute of Frauds, certain contracts must be in writing to be enforceable.