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Flashcards in Chapter 16 Deck (37):

English parliament passed " an act for the prevention of frauds and perjuries" the act provides that----

Certain types of contracts, to be enforceable had to be evidenced by writing and signed by the party whom the contract is being unforced against


Statues of frauds vary from state to state although they are all based on the English act.

True or false



The party or parts whom the contract is being i forces against must have signed the contract. This is true in all states

True or false



The statute of frauds is misleading because it does not apply to fraud, rather is denies------

Enforceability to certain contracts that do not comply with its writing requirements.


A contract that is oral when it is required to be in writing is normally voidable by a party who later does not wish to fallow through with the agreement.

True or false



Five types of contracts that need to be in writing or evidenced by a written memorandum or electronic record.

1. Involving an interest in land
2. Contracts that Connot be preformed within a year
3. Collateral, or secondary, contracts, such as promises to answer for the debt of another
4. Promises made in consideration of marriage
5. Under UCC contracts for the sale of goods priced at $500 dollars or more


Land is---

Real property that includes all physical objects that are perminatly attached to the soil, such as buildings, fences, trees, and the soil itself.


Operates to a defense to the enforcement of an oral contract for the sale of land

The statute of Frauds


Statue of frauds also deals with other interests in land such as

Mortgage agreements, and leases


For a land contract to be unforced, the contract must state

The description of the property being transferred with sufficient certainty for it to be identified


Contracts that by their own terms cannot be completed within one year.

The year begins when?

The day after the contract is formed


The test for determining whether an oral contract is enforceable under the one year rule is wether an oral contract is enforceable under the one- year rule is

Wether performance is possible within one year, it does not mater wether it is likely to be preformed during that year


If the contract is possible within one year it does not fall under

The statute of frauds and need not be in writing to be enforceable


Does an oral contract for lifetime employment fall under statute of frauds

No * a person can die within one year* therefore the contract could possible be preformed with a year


A collateral promise is

Ancillary ( subsidiary) to a principal transaction or primary contractual relationship and must be in writing


A primary obligation is

A third parties promise to pay another debt, that is not conditioned on the persons failure to pay


As a general rule a contract in which a party assumes a primary obligation does ---

Not need to be in writing to be enforceable


Every state has a statute that stipulates what types of contracts must be in writing.

Such as statute is referred to as ----

Statute of frauds


A secondary obligation is

A promise to pay anothers debt only if that party fails to pay


A secondary obligation/ collateral promise must be-- to be enforceable

In writing


The main purpose rule

An oral promise to answer for the debt of another unless the guarantors main purpose in incurring a secondary obligation is to secure a personal benefit


Promises made in consideration of marriage

Are covered by statute of frauds.

Anti up etc.


Contracts for the sale of goods.

Goods over 500 dollars are covered by statute of frauds and must be in writing.


A contract for the sale of goods exceeding 500 dollars will not be enforceable for what quantity

Any quantity greater that stated in the contract


Exeptions to the writing requirement

1.partial preformance
2. Admissions
3. Promissory estoppel
4. Special exceptions under the UCC


Courts may grant specific preformance of an oral contract to transfer an interest in land that has been partially preformed

The stipulations are

Purchaser has paid part of the price, taken possession of the property and made permanent improvements to it


Wether a court will enforce an oral contract usually is based upon

The degree of harm that would be suffered of the court chose not to enforce the oral contract


Under the UCC an oral contact for goods is enforceable to the extent that a seller

Or a buyer

Seller accepts payment

Buyer accepts delivery of goods


Admissions means

The party who the oral contract is being enforced against admits there was a contract under oath.

Can take place at any point in proceedings-deposition- pleading etc.


A court will enforce an oral contract only to the extent---

That is was admitted


If a person justifiably relies on anothers promise to his or her detriment a court may prevent the promisor from denying that a contract exists

Promissory estoppel


Special exceptions under the UCC include

Customized goods

Oral contracts between merchants that have been confirmed in a written memorandum


What constitutes a writing

Invoice, sales slip, check, fax or email or a combination of such items


If a court finds that a written and complete contract represents the complete and final statement of the party's agreement it will not allow either party to present -----

Parol evidence


Parol evidence is

Testimony or other evidence of communications between the parties that is not contained in the contract itself


A collateral promise and a secondary obligation are the same?



What act requires for a sale of goods priced at 500$ or more to be in writing