The Statute of Frauds Self-Quiz

 

 

 

 

 

 

 

George and Lenny make an oral contract with Curley to buy five acres of farm land from Curley for $150,000. When George and Lenny bring the money to Curley, Curley refuses to convey title to them. George and Lenny sue Curley for breach of contract. George and Lenny will win:
True
False
George and Lenny make an oral contract with Curley to buy five acres of farm land from Curley for $150,000. Before George and Lenny pay Curley and get title to the land, they build a corral for the cows they are going to keep, put up several rabbit hutches and chicken coops, build a grain silo and dig an irrigation ditch. When George and Lenny bring the money to Curley, Curley refuses to convey title to them. George and Lenny sue Curley for breach of contract. George and Lenny will win:
True
False
Ben and Jerry make an oral contract with Moo Juice under which Moo Juice will sell Ben and Jerry 10,000 gallons of milk for $1 per gallon on May 1st. On April 30th Moo Juice calls Ben and Jerry and tells them that they have sold their milk to Eddie who is buying it for $1.50 per gallon and that there is no more milk left to sell to Ben and Jerry. Ben and Jerry sue Moo Juice for breach of contract. Ben and Jerry will win:
True
False
Ben and Jerry make an oral contract with Moo Juice under which Moo Juice will sell Ben and Jerry 10,000 gallons of milk per month for two years for $1 per gallon. Moo Juice delivers, and Ben and Jerry accept, the first shipment of milk. However, after accepting the shipment, Ben and Jerry try to get out of paying for the milk by arguing that the contract was unenforceable because it violated the statute of frauds. Moo Juice sues Ben and Jerry for breach of contract. Moo Juice will probably:
Choice 1 Lose, because the contract was oral
Choice 2 Lose, because they only began to perform
Choice 3 Win, but recover only the price of the milk they already delivered
Choice 4 Win, and recover the entire contract price
Ben and Jerry make an oral contract with Moo Juice under which Moo Juice will sell Ben and Jerry 500 gallons of specially produced chocolate milk that is made of very finely ground Mayan coco beans and contains added milk fat and vitamin D. Ben and Jerry are going to use the milk in a new ice cream recipe that they are experimenting with and they specially order this milk, which they agree to pay $10 per gallon for. Moo Juice orders the coco beans and begins the slow process of adding the extra milk fat and homogenizing the milk when Ben and Jerry call and inform Moo Juice that they will not be buying the milk. No one else has any use for the milk. Moo Juice sues Ben and Jerry for breach of contract. Moo Juice will probably:
Choice 1 Lose, because the contract was oral
Choice 2 Lose, because they can try to sell the milk to someone else
Choice 3 Win, because they began making the milk but recover only market price of ordinary milk
Choice 4 Win, because they began making the milk and recover the entire contract price
College Painters, Inc. is a house painting company staffed and run by college students from Boston College. The company has just entered an oral contract with Howard, a private homeowner, to paint his house. The contract states that the company will paint the house white with blue trim, Howard will pay the company $10,000 for the job and, for an extra $500, the company will sell Howard the paint brushes and left-over paint from the job. One day before the work is supposed to begin, the company calls Howard to tell him that they have accepted an offer to paint a house for $15,000 so they will not be painting his house. Howard immediately sues the company. The company will probably:
Choice 1 Win, because the contract is oral
Choice 2 Win, because the contract included a deal for goods worth $500
Choice 3 Lose, because the contract is primarily for services
Choice 4 Lose, because Howard may not be able to hire replacement painters
Mrs. Taylor’s daughter, Elizabeth has just become engaged to Richard. Elizabeth has been engaged several times before but had always gotten cold feet before the wedding so she has never been married. Mrs. Taylor is afraid that Elizabeth will not go through with this wedding either so, to give her daughter some incentive, she promises to give Elizabeth $25,000 and a new car if she actually marries Richard. Much to Mrs. Taylor’s surprise, Elizabeth goes through with the wedding. Much to Elizabeth’s surprise, her mother refuses to give her the money and the car. If Elizabeth sues her mother, she will probably:
Choice 1 Lose because the promise was oral
Choice 2 Lose, because she might have married Richard anyway
Choice 3 Win, because she relied on the promise
Choice 4 Win, because Elizabeth’s mother should give her a wedding gift
Dire Straits is about to go on a world tour to promote their album “Brothers in Arms”. The concert is supposed to begin on May 1st, 2002 at Wembly Stadium in London and conclude on July 5th, 2003 in Boston, Massachusetts. The tour has one hundred scheduled tour dates. Unfortunately, the band only has ninety-nine sheets of paper on which to draw up contracts. On February 1st, 2002, the band draws up ninety-nine identical contracts and sends them to the promoters of the first ninety-nine concerts. However, the band contacts the Boston promoter by phone and orally comes to terms with him on the contractual details of the show. Mark, one of the band members, and his wife have their first child on July 5th, 2002. Because Mark wants to be home for his baby’s first birthday, the band decides to cancel the last show in Boston. The Boston promoter, who has already leased out a venue and begun advertising for the concert, sues the band for breach of contract. He will win his suit:

True
False
Coach J has just led his Bristol University Bears to their third national basketball championship in five years. Two days after the championship game, the University rewards Coach J with a lifetime contract. The coach and the university come to an oral agreement as to the contract terms and Coach J then leaves on a three week recruiting trip. At the beginning of the next season, the Bristol Bears begin by losing seven of their first ten games and the University begins to think that giving Coach J a lifetime contract was not such a good idea. When the team loses the next two games in a row, the University decides that a change of coaches would get the team back on track and they fire Coach J. Coach J sues the University for breach of contract. The University argues that the contract was not enforceable because it was oral. The university will win this case:
True
False
Dire Straits is about to go on a world tour to promote their album “Brothers in Arms”. The concert is supposed to begin on May 1st, 2002 at Wembly Stadium in London and conclude on July 5th, 2003 in Boston, Massachusetts. The tour has one hundred scheduled tour dates. Unfortunately, the band only has ninety-nine sheets of paper on which to draw up contracts. On February 1st, 2002, the band draws up ninety-nine identical contracts and sends them to the promoters of the first ninety-nine concerts. However, the band contacts the Boston promoter by phone and orally comes to terms with him on the contractual details of the show. The last day of the tour comes around and the band delivers the performance of a lifetime to their fans in Boston. However, after the show, the promoter refuses to pay the band, arguing that the contract was oral and, therefore, unenforceable. The band sues the promoter for breach of contract. The band will win this suit:
True
False
Ben and Jerry have just purchased two acres of land in Vermont and would like to build an ice cream manufacturing plant. Ben and Jerry apply for a $2 million loan to finance the building of the plant and other start up costs. Since Ben and Jerry have no prior business experience and no assets, they are afraid that they might not get the loan. Eddie is a good friend of Ben and Jerry’s and he promises the bank that he will repay the loan if Ben and Jerry default. Eddie is one of the wealthiest men in Vermont and, on the strength of his promise, the bank lends Ben and Jerry the money. Unfortunately, business does not go very well and Ben and Jerry are unable to repay the loan. When the bank contacts Eddie and requests that Eddie repay the loan, Eddie refuses. If the bank sues Eddie, they will win:
True
False
Ben and Jerry have just purchased two acres of land in Vermont and would like to build an ice cream manufacturing plant. Ben and Jerry apply for a $2 million loan to finance the building of the plant and other start up costs. Since Ben and Jerry have no prior business experience and no assets, they are afraid that they might not get the loan. Moo Juice is a dairy farm in the area and Ben and Jerry have signed a contract with Moo Juice, under which, Ben and Jerry will buy all of the milk and cream that they need from Moo Juice. This contract could be worth a lot of money to Moo Juice if Ben and Jerry succeed so they promise the bank that they will repay the loan if Ben and Jerry default. On the strength of this promise, the bank lends Ben and Jerry the money. Unfortunately, Business does not go very well and Ben and Jerry are unable to repay the loan. When the bank contacts Moo Juice and requests that they repay the loan, they refuse. If the bank sues Moo Juice, they will win:

True
False

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