LAW 1101 FINAL
Comprehensive Questions and
Solutions Graded A+
Statute of Frauds - Answer: requires certain contracts to be in writing
Statute of Fraud applies to - Answer: executory contracts (terms have not been fully performed)
Contracts Involving Interests in Land 9 (general rule) - Answer: must be in writing and signed by
the defendant (NYGOL 5-703)
Contracts Involving Interests in Land (leases) - Answer: Statute of Frauds does not apply to
leases for one year or less (NYGOL 5-703)
Contracts Involving Interests in Land (exception) - Answer: partial performance
elements to prove partial performance - Answer: (1) consent by the seller (2) taken possession
of land (going on property with permission) (3) performance must be substantial
one year rule - Answer: if a contract cannot be completed within one year of its making, it must
by in writing and signed by the defendant (within statute of frauds) (NYGOL 5-703)
,the possibility test - Answer: by wording of contract, can it completed within a year of its
making?
computation of time - Answer: starts of the day of the making of the contract
collateral promises (general rule) - Answer: needs to be in writing and signed where a person
promises to answer the debt of another person if that person defaults payment (NYGOL 5-701)
collateral promises (exception) - Answer: main purpose: party agrees to pay for another no
matter what; not within statute of frauds
sufficiency of writing requirement (sales contracts >$500 and leases with payments >$1000) -
Answer: (1) indicated that parties intended to form contract (2) signed by the party against
whom enforcement is sought
special rules for contracts between merchants (can satisfy SOF) - Answer: oral acceptance can
satisfy SOF is there is a written and signed confirmation sent by either party to the other within
a reasonable time
special rules for contracts between merchants- exception - Answer: confirmation is sufficient
unless receiving merchant sends notice of objection within 10 days of receiving confirmation;
true whether or not party signed anything (UCC2-201 (2))
3 exceptions for writing requirement (merchants) - Answer: (1) goods were specifically
manufactured for particular buyer or obtained for a particular lease (2) goods are not suitable
for resale or lease to others in the ordinary course of business for the seller/lessor (3) seller or
lessor has substantially began manufacturing of goods or has made commitments for
manufacturing/procurement of goods
admissions (exception) - Answer: An oral contract for sale or lease of goods can be enforced
without writing if the party against whom enforcement is sought admits in pleading, testimony,
, or otherwise in court that a contract was made. Only enforceable up to the quantity of goods
admitted.
partial performance (exception) - Answer: oral contract for sale or lease of goods can be
enforced if payment has been made or goods have been received and accepted
what is parole evidence? - Answer: evidence that is outside the contract; prior negotiations,
prior agreements, or oral agreements made during formation of contract made between parties
when does parole evidence rule apply? - Answer: when the contract is fully integrated; states all
terms and conditions of agreement and is intended to be final statement by the parties (cannot
be contradicted by evidence outside the court)
what happens when a contract is not fully integrated? - Answer: courts may allow evidence of
consistent additional terms to explain or supplement terms stated in contract (course of
dealing, usage of trade,course of performance)
course of dealing - Answer: a sequence of actions and communications between the parties to a
particular transaction that establishes a common basis for their understanding; relevant to
ascertain meaning of parties' agreement (UCC 1-303)
usage of trade - Answer: Any practice or method of dealing having such regularity of observance
in a place, vocation, or trade as to justify an expectation by the parties that it will be observed in
their contract (UCC 1-303)
course of performance - Answer: The conduct that occurs under the terms of a particular
agreement; such conduct indicates what the parties to an agreement intended it to mean (UCC)
Priority of Rules of Construction - Answer: (1) express terms (2) course of performance (3)
course of dealing (4) usage of trade
Comprehensive Questions and
Solutions Graded A+
Statute of Frauds - Answer: requires certain contracts to be in writing
Statute of Fraud applies to - Answer: executory contracts (terms have not been fully performed)
Contracts Involving Interests in Land 9 (general rule) - Answer: must be in writing and signed by
the defendant (NYGOL 5-703)
Contracts Involving Interests in Land (leases) - Answer: Statute of Frauds does not apply to
leases for one year or less (NYGOL 5-703)
Contracts Involving Interests in Land (exception) - Answer: partial performance
elements to prove partial performance - Answer: (1) consent by the seller (2) taken possession
of land (going on property with permission) (3) performance must be substantial
one year rule - Answer: if a contract cannot be completed within one year of its making, it must
by in writing and signed by the defendant (within statute of frauds) (NYGOL 5-703)
,the possibility test - Answer: by wording of contract, can it completed within a year of its
making?
computation of time - Answer: starts of the day of the making of the contract
collateral promises (general rule) - Answer: needs to be in writing and signed where a person
promises to answer the debt of another person if that person defaults payment (NYGOL 5-701)
collateral promises (exception) - Answer: main purpose: party agrees to pay for another no
matter what; not within statute of frauds
sufficiency of writing requirement (sales contracts >$500 and leases with payments >$1000) -
Answer: (1) indicated that parties intended to form contract (2) signed by the party against
whom enforcement is sought
special rules for contracts between merchants (can satisfy SOF) - Answer: oral acceptance can
satisfy SOF is there is a written and signed confirmation sent by either party to the other within
a reasonable time
special rules for contracts between merchants- exception - Answer: confirmation is sufficient
unless receiving merchant sends notice of objection within 10 days of receiving confirmation;
true whether or not party signed anything (UCC2-201 (2))
3 exceptions for writing requirement (merchants) - Answer: (1) goods were specifically
manufactured for particular buyer or obtained for a particular lease (2) goods are not suitable
for resale or lease to others in the ordinary course of business for the seller/lessor (3) seller or
lessor has substantially began manufacturing of goods or has made commitments for
manufacturing/procurement of goods
admissions (exception) - Answer: An oral contract for sale or lease of goods can be enforced
without writing if the party against whom enforcement is sought admits in pleading, testimony,
, or otherwise in court that a contract was made. Only enforceable up to the quantity of goods
admitted.
partial performance (exception) - Answer: oral contract for sale or lease of goods can be
enforced if payment has been made or goods have been received and accepted
what is parole evidence? - Answer: evidence that is outside the contract; prior negotiations,
prior agreements, or oral agreements made during formation of contract made between parties
when does parole evidence rule apply? - Answer: when the contract is fully integrated; states all
terms and conditions of agreement and is intended to be final statement by the parties (cannot
be contradicted by evidence outside the court)
what happens when a contract is not fully integrated? - Answer: courts may allow evidence of
consistent additional terms to explain or supplement terms stated in contract (course of
dealing, usage of trade,course of performance)
course of dealing - Answer: a sequence of actions and communications between the parties to a
particular transaction that establishes a common basis for their understanding; relevant to
ascertain meaning of parties' agreement (UCC 1-303)
usage of trade - Answer: Any practice or method of dealing having such regularity of observance
in a place, vocation, or trade as to justify an expectation by the parties that it will be observed in
their contract (UCC 1-303)
course of performance - Answer: The conduct that occurs under the terms of a particular
agreement; such conduct indicates what the parties to an agreement intended it to mean (UCC)
Priority of Rules of Construction - Answer: (1) express terms (2) course of performance (3)
course of dealing (4) usage of trade
