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Which of the following is the best description of the Statute of Frauds?
A
Only written contracts are enforceable.
B
All written contracts must have definite and certain terms.
C
Only certain types of contracts need to be in writing.
D
If a written agreement is available, it is the only evidence admissible to prove the terms of that agreement.
A
No, because D’s promise was an oral suretyship agreement.
B
Yes, because D’s promise was original since TP did not become liable to C and, therefore, there was no suretyship relationship between D and C.
C
Yes, because C delivered the goods.
D
No, because C manifested an intent not to treat TP as her debtor.
Regarding the contracts not performable within a year provision of the Statute of Frauds, which of the following statements is true?
A
It applies to any agreement where complete performance does not actually occur within one year for the time the agreement was entered into.
B
It applies to any agreement that might not be completed within a year.
C
It applies if the contract is to pay a sum at the death of a named person.
D
The test is not how long the performance will take, but instead when it will be complete
Based upon your reading of the Ehrlich v. Diggs case, which statement best describes California law on the issue of the one-year rule?
A
Full performance by both parties is required to exempt an oral contract from the Statute of Frauds.
B
Oral contracts terminable within one year by either party are exempt from the Statute of Frauds.
C
The “center of gravity” test applies.
D
Since the contract was not completed with a year the Statute of Frauds did not apply.
Regarding the contracts for sale of goods provision of the Statute of Frauds, which of the following statements is not true?
A
It applies to sale of goods only if priced at $500 or more.
B
It applies to sale of goods only if the “goods” were manufactured and sold by the manufacturer.
C
The UCC allows an exception as to “goods for which payment has been made and accepted.”
D
The UCC allows an exception if the party against whom enforcement is sought admits in a pleading that a contract for sale was made.
Regarding the contracts for sale of land provision of the Statute of Frauds, which of the following statements is true?
A
The doctrine of part performance is an exception.
B
The “interests in land” subject to the Statute of Frauds does not include easements.
C
A promise to give a lien on land as security for money loaned is not regarded as an “interest in land” and thus not subject to the Statute of Frauds.
D
Agreements for the sale of annual crops, obtained by the cultivation of humans, are subject to the Statute of Frauds if the agreement was made while the crops are still attached to the land because these crops are considered “interests in land.”
Which of the following is a well-recognized exception to the suretyship contracts covered by the Statute of Frauds?
A
The main purpose rule.
B
The joint obligor rule.
C
The principal-surety rule.
D
The special promise rule.
Which of the following statements is not true according to the majority rules applicable to suretyship contracts?
A
Question is too poorly worded to even guess the answer!!!!!!
One party promises to pay the debt of another party.
B
The promisor and the principal debtor can owe the original debt jointly.
C
The creditor must know or have reason to know of the principal-surety relationship between principal debtor and the promisor.
D
The principal debtor and the promisor must be in a principal-surety relationship.
Based upon your reading of the Potter v Hatter Farms, Inc. case, which statement was not true regarding the applicability of the doctrine of promissory estoppel?
A
Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith.
B
The elements of promissory estoppel are actual reliance, definite and substantial change of position and foreseeability to the promissory, as a reasonable person, that the promise would induce conduct of the kind that occurred.
C
Promissory estoppel was displaced by UCC 2-201 because this doctrine was not expressly mentioned in that statute.
D
Substantial evidence to satisfy the requirements of promissory estoppel was present.
Which of the following statements about a promise by an executor or administrator is not true?
A
A promise by an administrator or executor to pay a claim out of the assets of the decedent’s estate is within the Statute of Frauds.
B
The term “within the Statute of Frauds” means that the Statute of Frauds requires a record for this kind of transaction.
C
An executor or administrator can promise to pay a debt of an estate from his own funds.
D
A promise by an administrator or executor to pay a claim out his own personal funds is within the Statute of Frauds.