Exam 16: The Writing Requirement and Electronic Records

The Convention on Contracts for the International Sale of Goods incorporates the UCC's Statute of Frauds provision.

A prenuptial agreement must be in writing to be enforceable under the Statute of Frauds.

To be enforceable, a memorandum evidencing an oral contract that would otherwise be unenforceable must include all essential and non-essential terms.

An agreement that includes an option to purchase real property must be in writing for the option to be enforced.

Best Silo Storage applies for a business loan from County Credit Union. To help Best Silo get the loan so that it will be able to stay in business and fulfill a deal it has made with her, Dakota promises the credit union's loan officer that she will repay the loan if Best Silo does not. To be enforceable, Dakota's promise

When one creditor guarantees a debtor's debt to another creditor to forestall litigation, the guaranty does not need to be in writing to be enforceable.

Unless a party against whom enforcement of an oral contract is sought admits under oath that a contract for sale was made, the contract will not be enforceable.

Abner tells a representative of Brass & Woodwind Musical Instruments, Inc., that he will pay for Claudia's trumpet if she does not. Abner does not secure any personal benefit for this promise. Abner's oral promise is enforceable as a contract by

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

Quest Holdings, Inc., orally contracts for a lease of its facilities to Ray to use for his Swamp & Bayou Fishing Camp. Ray pays part of the rent, takes possession, and improves the property for use by his enterprise. The contract is most likely enforceable by

Fact Pattern 16-B1 (Questions B18-B19 apply) Alain and Brie sign a contract for the sale of Alain's Coffee Café 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 Developed Commercial Properties, Inc., after which Alain and Brie will negotiate a price. -Refer to Fact Pattern 16-B1. 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

A contract that cannot, by its own terms, be performed within one year from the day after the contract is formed does not need to be in writing to be enforceable under the Statute of Frauds.

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

Lucas orally agrees to sell his Mountain Spring Beverage Company to Natural Soft Drinks, Inc. Lucas notes the terms on a sheet of Mountain Spring stationery and signs it. This agreement is most likely enforceable against

Raconteur Data Analysis Corporation in Seattle, Washington, offers a job to Trista, who lives in Utah. Trista orally agrees to work for Raconteur for two years. She moves her family to Seattle and begins work. Three months later, she is fired for no stated cause. She files a suit against Raconteur for rein?statement or pay. Raconteur pleads the lack of a written con?tract. In whose favor is the court likely to rule, and why?

A collateral promise is one made by a third party to assume the debts or obligations of a primary party to a contract if that party does not perform.

Under the Statute of Frauds, all contracts must be in writ?ing to be enforceable.

An integrated contract is the complete and final statement of the terms of the agreement.

Guardian Security, Inc., and Hedge Fund Corporation enter into an oral contract under which Guardian Security agrees to provide security services for Hedge Fund offices for as long as Hedge Fund needs them. This contract may be enforce?able by

Dinner Theater files a suit against Entertainers Agency, Inc., to enforce a con?tract. The only written evidence of the contract is a memo on Entertainers's let?terhead signed by Fiorello, a company officer. The con?tract can be en?forced if the memo includes