Multiple choice

4. Regarding the contracts in consideration of marriage provision of the Statute of Frauds, which of the following statements is true?

A The Statute of Frauds applies to any agreement made on consideration of marriage, except mutual promises to marry.  

B The Statute of Frauds does not apply to a promise made by a third party in consideration of two other persons.

C The Statute of Frauds applies if the promise is made merely in contemplation of marriage.

D This Statute of Frauds does not apply to a promise to support the child of the prospective spouse.

 

2. Which of the following is a well-recognized exception to the suretyship contracts covered by the Statute of Frauds?

A The main purpose rule.

B The joint obligor rule.

C The principal-surety rule.

D The special promise rule.

 

3. Based upon your reading of the Potter v Hatter Farms, Inc. case, which statement was not true regarding the applicability of the doctrine of promissory estoppel?

A Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith.

B The elements of promissory estoppel are actual reliance, definite and substantial change of position and foreseeability to the promissory, as a reasonable person, that the promise would induce conduct of the kind that occurred.

C Promissory estoppel was displaced by UCC 2-201 because this doctrine was not expressly mentioned in that statute.

D Substantial evidence to satisfy the requirements of promissory estoppel was present.

 

 4. Which of the following statements about a promise by an executor or administrator is not true?

A  A promise by an administrator or executor to pay a claim out of the assets of the decedent’s estate is within the Statute of Frauds.

B The term “within the Statute of Frauds” means that the Statute of Frauds requires a record for this kind of transaction.

C An executor or administrator can promise to pay a debt of an estate from his own funds.

D A promise by an administrator or executor to pay a claim out his own personal funds is within the Statute of Frauds.

 

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