Exam 14: Statute of Frauds and Equitable Exceptions

Buyer and Seller enter into an agreement on April 26 for the sale of a piece of equipment for $595.This agreement is in writing and calls for delivery and payment on June 1.On May 10,the Buyer and Seller orally agree to reduce the price to $495 because the Buyer has agreed to delay the delivery date to July 1.Which of the following is true?

Helen goes to the bank to obtain an auto loan.Her father accompanies her to the bank.The loan officer states that the bank does not feel comfortable granting the loan unless her father will also guarantee that the money will be repaid.Her father states,"I'll make sure that she makes her payments,but I'm not signing anything!" The bank makes the loan.Is the father liable?

The Statute of Frauds requires that certain types of contracts:

Peter signs a contract with a tour company that reads as follows: Fun Times Travel will provide the customer with airline travel to and from Washington and with seven night's accommodations at the Happy Holiday Hotel.This package includes a half-day city tour and one day's admission to the museum of the customer's choice.Also included is one ticket to a major league baseball game if there are any home games during the trip. Peter later claims that before the contract was signed,he was told that he would be staying at the downtown Happy Holiday Hotel,which is much nicer than the suburban Happy Holiday Hotel where the tour company plans for him to stay.Peter also claims the tour company told him that meals are included and that he could substitute a second day of museum admission for the baseball ticket,both of which the tour company denies.Can Peter present evidence of his claims?

Angela and Scott are getting married.They discuss and agree on the disposition of all property in the event that the marriage is not successful.During divorce proceedings,Scott states that the couple had an agreement as to the disposition of property.Is the agreement enforceable?

Assuming the existence of a complete and final written contract,the parol evidence rule would prohibit evidence of:

Beth was negotiating for the purchase of a used car from Sue.Sue told Beth that Sue would fix any problems with the drivetrain that arose in the first 1,000 miles.After further negotiation,they signed a written agreement that provided that the sale was made "as is,without any warranties." After driving the car for 400 miles,the antilock brake system failed.Sue denied having made the repair promise.But she said she would cover $200 of the repair costs.Beth then took the car to be repaired at a cost of $487.Beth now wants to recover the full repair costs from Sue.Sue refuses to pay any amount.Discuss the issues that would arise in this case.

If a judge rules that a party has lost its case because of the Statute of Frauds,the judge has essentially stated that which of the following?

Two adults enter into an oral contract for the sale and purchase of some land.All material facts were disclosed by the seller to the buyer.Which is true?

Which of the following contracts is required to be in writing under the Statute of Frauds?

The parol evidence rule prohibits any evidence outside the "four corners" of the written contract from being used to supplement or explain that contract.

If Amy hires Cyrina,a licensed real estate agent and broker,to sell his cabin,the contract does not have to be in writing as long as Cyrina's real estate license is in writing.

A promise made in consideration of marriage need not be in writing under the Statute of Frauds.

A contract for the purchase of a bicycle states that the sale is made without any warranty and includes no service.In a separate paragraph of the contract it states that the seller will make free adjustments to the bicycle one time between 30 and 60 days after the purchase.This contract:

A contract for the sale of land:

Prior to signing a written agreement for hotel accommodations that provided for no refunds,the hotel manager stated to the guest,"We will give refunds if you have a good reason." Assuming that there was no fraud on the part of the hotel,which of the following is true?

A contract must be in writing under the Statute of Frauds if:

Generally speaking,an oral contract that the Statute of Frauds requires to be in writing is voidable.

Mandy enters a written agreement to rent a motor home for six days.Persons under age 25 are not permitted to drive it under terms of the written agreement.Mandy calls the rental company on the third day and asks if Dave,age 23,can drive it.The rental company says Dave can drive it if Mandy pays an extra $10 per day when he returns the motor home.When Dave drives in to return the motor home,the rental company refuses to return the $500 deposit because the written contract says any breach of the contract will result in the forfeiture of the entire damage deposit.Which is true?

For Statute of Frauds purposes,an interest in land includes: