QUESTIONS WITH ANSWERS GRADED A+
◉ What is the Test to determine whether a contract should be in writing?
Answer: "Does the Statute of Frauds apply to my situation?"
◉ What Medium should a contract be executed through if the Statute of
Frauds is applicable? Answer: When the Statute of Frauds is applicable,
the contract should be in writing
◉ What should happen to a contract if the statute of frauds is NOT
applicable? Answer: When the statute of frauds is not applicable, the
contract does not need to be in writing
◉ What types of Contracts must be in writing to be Enforceable?
Answer: - Contracts that-by its terms-cannot be performed within one
year of making
- Contract to answer for another's debt
- Executor's promise to pay debt of desedents estate
- Contract in consideration of marriage
- Contracts involving real property
, ◉ How do courts usually interpret a contract for the Lifetime of a
Person? Answer: The contract suggests that it cannot be performed
within a year
- however it can be interpretted the provision suggests the possibility of
the person dying within a year and will thus allow enforceability
◉ What does the court hold if they believe a contract can be completed
within 1 year? Answer: If the contract can be completed within one year,
the contract does not need to be in writing
◉ What is a contract of a 3rd party to pay the debt of another? Answer:
When a 3rd party offers to pay if the primary promisee does not
◉ What Element is critical to the enforceability of a Contract of a 3rd
party paying the debt of another? Answer: A critical element is the 3rd
party's knowledge of agreement
◉ When do Contracts of a 3rd party paying the debt of another usually
occur? Answer: These arrangements most commonly arise in lending
money
◉ How should Collateral or Secondary promises by a 3rd party be
recorded? Answer: These promises must be made in writing and signed
by the 3rd party