Question

1. Which is not an exception to the writing requirement?

promisor benefit

promisee benefit

enhanced promissory estoppel

part performance doctrine

detrimental reliance

2. If Randy agrees to pay Sarah's debt if Sarah should fail to pay James, then Randy has created a(n)_____________.

lien

guaranty

suretyship

3. Who is not a party that may handle the affairs of a deceased person and make a promise to pay claims against that person's estate?

surety

administratrix

executor

personal representative

administrator

estoppel

claim

4.

Donald tells Mark to deliver a couch to his son's house and orally promises to pay him $400. Mark delivered the couch as requested. Mark sought payment from Donald.

Donald is liable because the contract involved the sale of goods and was required to be in writing under the statute of frauds

True, False

5. Sarah and Randy made a contract where Randy would remodel Sarah's bathroom for $20,000. Sarah had until July 10 to pay for it.  Randy finished the work and Sarah seemed happy with it. A day before payment was due, Sarah realized there was an issue with the bathroom and contacted Randy. She asked him to come fix it; however, Randy refused. Sarah informed Randy that she was not going to pay him the full amount. Sarah wrote her check on July 10 for $19,000. Randy cashed the check and sought to collect the balance.

At trial, the most likely result is _____________________:

that Randy will win because there was not a good-faith dispute and he cashed the check.

that Randy will lose because there was not a good-faith dispute and he cashed the check.

that Randy will win because there was a good-faith dispute and he cashed the check.

that Randy will lose because there was a good-faith dispute and he cashed the check.

Answer 1

Answers

1. Part performance doctrine

• Promisor benefit: the benefit or gain which the person who made promise gets; it has to be in writing.
• Promisee benefit: the benefit or gain which the person whom promise is made gets, it has to be in writing.
• Enhanced promissory estoppel: it is a legal principle that any promises made can be enforced by the legal system. And writing isn’t exception here. ·
• Part performance doctrine is an equal principle, which helps the regulatory body to recognize and take an oral contract into account even though there are deficiencies, writing requirement is an exception here
• Detrimental reliance means to obligated someone to do their duties under a contract, using the theory of promissory estoppel and is required in writing.

2. Here if Sarah fails to pay to James then randy guaranty or guarantor.

• A lien is the right to have the property of another person till the debt is cleared.
• A guaranty is when the primary person responsible for debt doesn’t pay than the person giving guarantee has to answer for the payment.
• Suretyship is to be the security for the payment of the debt owed if signed in the loan papers.

3. Claim, is isn’t a party as it is to just formally asking for what is owned so, it cannot handle the affairs of a deceased person.

• Surety: this person is to provide security to the property against any debt.
• Administrator: the one who basically manages or administrates the property happenings
• Executor is the person appointed to make sure things are carried out as per the terms of will
• Personal representative: it can be administrator or executor
• Administratrix: a female administrator
• Estoppel: it is to object a person from asserting something against what is made in previous course of action.
• Claim: it is to formally ask for what one owns.

4. False, under statute of frauds contracts can be oral and to fall under this the goods or service value should be more than 500$ but here it is 400$ and the time bound is more than here.

5. As we can see randy refused to fix the issue a day prior to payment date, so Sarah reduced the payment amount by 1000$. Randy cashed a check but sought the balance, at trial, the most likely thing to happen is randy will win because there was not good-faith dispute and he cashed the check