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ANSWER KEY
Chapter 11 Written Contracts and Cyber-Commerce
Opening Case Questions
2. The contracts that must be in writing to be enforceable include: (a) Contracts that cannot
be completed within one year; (b) Contracts transferring real property rights; (c) Contracts for the sale
3. Leases should be placed in writing because of the inherent unpredicatability of the terms
that must be included in such contracts. State law outlines most of the details that must be included
within these agreements. However, some details depend upon local customs and traditions that are
4. As noted above, one additional law that requires a written contract is a law found in many
5. Fixtures are personal property items (goods, such as the appliances, awnings, air
conditioners, sinks, and so on) that are later added to real property. Because such fixtures are usually
attached in a way that makes them difficult to remove without damaging the real property, they
Questions for Review and Discussion
1. In British law, the parties in a breach of contract lawsuit could not testify in court about the
promises they had made. Consequently, witnesses as to the nature of a contract had to be brought in to
2. The six types of contracts that must be in writing under the Statute of Frauds are (1) contracts that
cannot be completed within one year; (2) contracts transferring real property rights; (3) contracts for
3. The following information must be in a written contract: the terms of the agreement, an
identification of the subject matter, a statement of the consideration promised, the names and identities
4. The standard construction rules says that the principal goal of the court in interpreting a written
5. The parol evidence rule states that evidence as to oral statements made before a contract is
6. The exceptions under the parol evidence rule include (1) evidence of conditions precedent; (2)
evidence to add missing terms or to correct obvious or small clerical errors; (3) evidence of alterations
7. The best evidence rule is the rule that states that a court would prefer to have an original of a
8. The equal dignities rule states that if a contract that is to be negotiated by an agent must be in
10. Statutes related to cyber-commerce include the E-Sign Act, the Uniform Electronic Transactions
Cases for Analysis
1. The federal appellate courts are split on this issue. The Ninth Circuit has applied the less strict
standard noting that the plaintiffs would simply have to prove that the offending company
4. Bazzy’s company successfully argued that an option to buy stock comes within the meaning of
8. No. The court ruled that the Statute of Frauds does not require that the written agreement be
9. No. The court ruled that there was no enforceable promise because Ray’s agreement to take care
10. Although an appeal is possible in this case, it is unlikely because the contract is a real property
END CHAPTER ELEVEN
