Which of the following contracts must be in writing to be enforceable Quizlet

Recommended textbook solutions

Fundamentals of Engineering Economic Analysis

1st EditionDavid Besanko, Mark Shanley, Scott Schaefer

215 solutions

Statistics for Business and Economics

13th EditionDavid R. Anderson, Dennis J. Sweeney, James J Cochran, Jeffrey D. Camm, Thomas A. Williams

1,692 solutions

Mathematics with Business Applications

6th EditionMcGraw-Hill Education

3,760 solutions

Intermediate Accounting

14th EditionDonald E. Kieso, Jerry J. Weygandt, Terry D. Warfield

1,471 solutions

Recommended textbook solutions

Calculus for Business, Economics, Life Sciences and Social Sciences

13th EditionKarl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett

3,913 solutions

Fundamentals of Financial Management, Concise Edition

10th EditionEugene F. Brigham, Joel Houston

777 solutions

Human Sexuality Today

9th EditionBruce M. King, Pamela Regan

1,085 solutions

Operations Management: Sustainability and Supply Chain Management

12th EditionBarry Render, Chuck Munson, Jay Heizer

1,698 solutions

Writing

(Blank) Requirement: Statute of Frauds:

1677 English "Act for the Prevention of Frauds and Abuses."

certain types of contracts must be in writing

signed by the party against whom enforcement is sought

frauds

(1677 Law "An Act for the Prevention of Frauds and Abuses")

- Certain types of contracts must be in writing and signed by the party against whom enforcement is sought to be enforceable
- Today, almost every state has a statute of (blank).

fraud

The statute of frauds really doesn't have much to do with (blank). It is simply a list of the contracts that must be in writing, and signed, in order to be enforced.

writing

(Contracts that fall within the statute of frauds)

To be enforceable, the following types of contracts must be in (blank) and signed:

- Interest In land
- One Year Rule
- Collateral or Secondary
- Promise made in consideration of marriage
- Contracts for sale of goods priced $500 or more

defense

(How the Statute of Frauds is Used)
The Statute of Frauds operates as a (blank) to enforcement of oral contract.

description

(Contracts Involving an Interest in Land)

The Statute of Frauds requires a contract for the sale of land to be in writing and the writing must provide a sufficiently definite (blank) of the property to be sold. This requirement includes most contracts involving land, such as leases, deeds of trust, mortgages, etc. There are exceptions to this but for the purpose of our class, we are going to say that all such contracts must be written and signed in order to be enforced.

One Year

(The (Blank Blank) Rule)

A contract that cannot, by its own terms, be performed within one year from the date it was formed must be in writing.

Test:
Objective impossibility

Whether performance is possible (although unlikely) within one year.

debts

(Contracts That Require a Writing)

Collateral (Secondary) Promise:

a secondary promise made to a third party to assume the (blank) and obligations of the primary debtor.

In other words, this is a promise to pay someone else's debt if s/he can't pay.

Primary

(Contracts That Require a Writing)

Primary v. Secondary Obligations.

(Blank) contract does not need to be in writing.

Secondary contract must be in writing to be enforceable.

prenuptial

(Contracts That Require a Writing)

Promises Made in Consideration of Marriage

A unilateral promise to make monetary payment or gift in consideration of a promise to marry must be in writing.

Main application is (blank) agreements.

$500

(Contracts for the Sale of Goods)

UCC requires a writing or memorandum for the sale of goods priced at (blank) or more.

Must be 'signed' by party against whom enforcement is sought.

partially

(Exceptions to the Writing Requirement)

Partial Performance.

Court will grant specific performance if the contract is (blank) performed.

Partial Performance

Court will grant specific performance if the contract is partially performed.

Statute of Frauds

(Sufficiency of the Writing)

(Blank) requires a "Written Memorandum" (written or electronic) signed by the party against whom enforcement is sought.

email

(Sufficiency of the Writing)

What Constitutes a Writing?

Any "order confirmation, invoice, sales slip, check, fax, or (blank)" should suffice.

Faxed

(Sufficiency of the Writing)

What Must Be Contained in the Writing?

(Blank) confirmation should suffice if it shows meeting of the minds.

The essential terms:
-quantity,
-signed by party to be charged,
-names of parties,
-subject matter,
-consideration.
-Sales of land must state the price and description with sufficient clarity.

Oral

(The Parol Evidence Rule)

(Blank) representations or promises made prior to the contract's formation or at the time the contract was created, may not be admitted in court.

not

(The Parol Evidence Rule)

Oral representations or promises made prior to the contract's formation or at the time the contract was created, may (blank) be admitted in court.

Exceptions

(The Parol Evidence Rule)

__________ (can get oral evidence in):

1. Contracts subsequently modified.
2. Voidable or Void contracts.
3. Contracts containing ambiguous terms.
4. Incomplete Contracts.
5. Prior dealing, course of performance, usage of trade.
6. Contracts subject to orally agreed-on conditions precedent.
7. Contracts with an obvious or gross clerical error.

Integrated

(The Parol Evidence Rule)

_________Contracts.

Can be either complete or partially integrated.

Complete:
-a "four corner" contract that is complete. All extraneous evidence is excluded.

CISG

(Statute of Frauds in the International Context)

_________: Contracts for the International Sale of Goods

_________: "does not incorporate any Statute of Frauds provisions." May depend on the laws of the particular countries involved.

Which of the following contracts must be writing to be enforceable?

Which of the following contracts is required to be in writing to be enforceable quizlet?

Which of the following contracts would have to be in writing in order to be enforceable under the Statute of Frauds?

What are 4 types of contracts that must be in writing to be enforceable?