BLAW Test 2 - Chapter 16 - Written Contracts
d. all of the above - ✔✔For the purpose of the statute of frauds, an interest in land
includes:
a. a house.
b. a real estate mortgage
c. an easement
d. all of the above
c. enforceable, because Bellman sent the written confirmation of the sale, thereby
partially performing the contract. - ✔✔Tuan is president and sole shareholder of
Entertainment, Inc. Entertainment, Inc. wishes to borrow money, but to do so, the bank
requires Tuan to orally agree to personally pay the debt of the corporation if
Entertainment, Inc. cannot. Tuan's guarantee to repay is:
a. enforceable under the parol evidence rule.
b. unenforceable because there is no insurable interest.
c. enforceable because of the leading object rule
d. unenforceable because it is a collateral promise
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b. be signed by the defendant and contain the name of each party, the subject matter
of the agreement, and the essential terms and promises. - ✔✔In order to satisfy the
statute of frauds, a writing must:
a. be a formal written document drafted by an attorney
b. be signed by the defendant and contain the name of each party, the subject matter
of the agreement, and the essential terms and promises.
c. be notarized
d. all of the above
c. enforceable, because Willis has partially performed the oral contract and made
improvements on the land. - ✔✔Willis and Leslie orally agree to the sale of a parcel of
land for $50,000: one-half payable now as a down payment; one-half payable in 30
days at the time of closing when the title will be transferred. The buyer, Willis, is to
have possession immediately. Willis pays Leslie $25,000, takes possession of the land,
and starts building a house. At the time of closing, Willis has made a substantial
, beginning on the house. However, Leslie refuses to transfer the title, claiming the oral
contract is not enforceable. This contract is:
a. enforceable, because the statute of frauds does not apply to this interest in land.
b. unenforceable, because there is no writing signed by Leslie.
c. enforceable, because Willis has partially performed the oral contract and made
improvements on the land.
d. unenforceable, because the parol evidence rule applies.
b. The contractor can collect from the estate only. - ✔✔Abby dies, and her good
friend, Clay is appointed to administer Abby's estate. Abby's house was in poor
condition, so Clay orally hired a contractor to make repairs. Clay also orally promised
that if the estate could not pay the repair bill, he would pay it even though he does not
live in the house and has no entitlement under Abby's estate. The estate does not pay
the repair bill. Who can the contractor collect from, if anyone?
a. The contractor can collect from either the estate or Clay.
b. The contractor can collect from the estate only.
c. The contractor can collect from Clay only.
d. The contractor must collect from the estate first, and then collect any deficiency from
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Clay.
b. Derek will win because the writing is sufficient under the statute of frauds. -
✔✔Derek and Abyan were discussing business over lunch when they agreed on the
sale of a five-acre parcel of land. Since neither of them had any paper with them,
Derek wrote the following on a napkin: "Abyan agrees to purchase from Derek a 5-acre
parcel located at the local address of 123 105th Street, St. Joseph, Minnesota, U.S.A.
for the price of $4,500 per acre. Transfer of title, payment, and possession to take
place on May 1, 2011." Abyan signed the napkin. On May 1, 2011, Derek was ready to
close the deal and transfer title but Abyan refused to pay the purchase price. If Derek
sues Abyan for the price of the land, the most likely result will be:
a. Abyan will win because the writing is not sufficient under the statute of frauds.
b. Derek will win because the writing is sufficient under the statute of frauds.
c. Abyan will win because Derek did not sign the writing.
d. Derek will win because the statute of frauds d
