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Exam 10: Defenses to Contract Enforceability

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Question 31

Multiple Choice

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In an exchange of e-mails, Rob, a landlord, and Sam agree to a lease of a certain apartment for one year. Under the Statute of Frauds, this lease is enforceable provided​

A) ​the e-mail is signed by the party against whom enforcement is sought.
B) ​the parties print and sign a hard copy of a document titled "Lease."
C) ​there is outside evidence, such as a security deposit, of the lease.
D) ​no one else signs a lease for the apartment before Sam moves in.

E) None of the above
F) B) and C)

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Question 32

Multiple Choice

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​Ben makes an appointment for a $50 haircut, buys a bike for $250, and agrees to work for Coding Associates for one year for $5,000 per month, starting at the beginning of next month. To be enforceable, a writing is required for

A) ​the appointment.
B) ​the purchase.
C) ​the employment agreement.
D) ​none of the choices.

E) B) and C)
F) All of the above

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Question 33

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An oral contract may be enforceable if the person making the promise could foresee that the promisee would rely on the promise.​

Dim threatens physical harm to force Ed to sell his business, Flowers, Inc., to Dim for a below-market price. This is​

A price quotation with a mistake in the adding of a number of figures will never render a contract unenforceable.​

For a party to a contract to receive relief from a mistake, the mistake must involve a material fact.​

Courts may award punitive damages in fraud actions.​

An oral contract for a transfer of land is always enforceable.​

Reliance on a misrepresentation is justified if the misrepresentation is an obviously extravagant statement.​

Ken, a real estate agent, assures Lily that a certain parcel of commercial property fronts on the most highly trafficked street in Metro City. Lily buys the property and then discovers that the street has no more traffic than any other in its vicinity. Lily is most likely a victim of​

Fact Pattern 10-1 County Title Company processes information furnished by others to transfer title to real estate from a seller to a buyer. In performing this task for a sale of land from Doyle to Ezra, the furnished information is mistaken. ​ -Refer to Fact Pattern 10-1. The contract between Doyle and Ezra that includes the mistake may be rescinded if the mistake involves​

In some states, an otherwise unenforceable oral contract may be enforced under the doctrine of promissory estoppel.​

Fact Pattern 10-3 Grain Co-op, LLC and Hearty Cereals, Inc., discuss the terms of a contract for periodic deliveries of corn. Grain faxes Hearty a memo on Grain's letterhead that summarizes the points on which they agreed, including a two-year term. Grain begins to perform, and Hearty accepts the deliveries but refuses to pay. -Refer to Fact Pattern 10-3. The transaction between Grain and Hearty falls within the provision of the Statute of Frauds involving​

Ruth, who is Sal's guardian, convinces him to buy a certain parcel of land from Tyrone at a greatly inflated price. Ruth may be liable for​

Words or terms in contracts that are subject to more than one reasonable interpretation can lead to bilateral mistakes.​

Scienter clearly exists if a party knows a fact is not as stated.​

Alice and Bart enter into a contract for the sale of Canyon Ranch. To be enforceable, this contract must be​

When the dominant party in a fiduciary relationship benefits from that relationship, a presumption of undue influence arises.​

Ralph enters into a contract with Skye to buy her land based on her assertion that the land is open to development. After the sale, Ralph learns that only a small section of the land can be built on-a local law prohibits construction on the rest of the property. Ralph can​

A party's oral agreement to pay another's debt is never enforceable.​