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Question 1

What is an agreement made in consideration of marriage?

Answer 1

Promise to give money or property in exchange for marriage, or for a third-party to give something

Question 2

Must a contract made in consideration of marriage be in writing?

Answer 2

Yes, according to the SOF

Question 3

Contracts in consideration of marriage must be in writing, but that doesn’t apply to what?

Answer 3

Mutual promises to marry or promises made in contemplation of marriage

Question 4

According to the SOF, every agreement or undertaking made in consideration of marriage, except the mutual promise to marry, is void unless what?

Answer 4

It is in writing and signed by the party to be charged

Question 5

Contracts made in consideration of marriage also include what but don’t include what?

Answer 5

• include marriage settlement contracts and prenuptial agreements
• don’t include mutual promises between prospective spouses to marry

Question 6

If your mom tells you she will give you $10,000 as a wedding present if you marry John, is that enforceable?

Answer 6

Not unless it is in writing

Question 7

Under the SOF what must be included in a writing?

Answer 7

• identify both parties
• subject matter
• essential terms
• signature of party to be charged

Question 8

If a contract just has a vague description of the parties, what can be done?

Answer 8

Extrinsic evidence can be admitted to clarify

Question 9

What are some things that can be considered a writing?

Answer 9

• receipt
• telegram
• corporate minutes
• check
• suicide note
• will

Question 10

What are some things that are considered signatures?

Answer 10

• initials
• firm logos
• letterhead
• imprinted signature
• signed by an agent

Question 11

What does it mean that there has to be a signature?

Answer 11

• any symbol used by a party

- with present intent to authenticate the writing

Question 12

If there are several records but not all are signed or attached to each other, but the document refers to the same subject matter as the signed one, what can be done to prove SOF?

Answer 12

Extrinsic evidence can be used to show the connection and assent of the party

Question 13

If a UCC contract doesn’t properly state the quantity term, what is recovery limited to?

Answer 13

The amount stated, unless the court reforms the record

Question 14

If a UCC record is in error about any term besides the quantity, what can be done?

Answer 14

Extrinsic evidence is allowed to correct it

Question 15

What are the exceptions to the SOF rule that suretyship contracts must be in writing?

Answer 15

• promise to debtor
• promisor is the primary obligor
• main purpose rule

Question 16

What is the exception to suretyship contracts having to be in writing entitled “promise to debtor”?

Answer 16

If the promise is made directly to the debtor (that you will pay their obligation) it is enforceable even if oral

Question 17

Why doesn’t a writing apply when a promisor is the primary obligor in a suretyship contract?

Answer 17

Because the promisor agrees to be primarily liable for the other’s obligation and SOF (suretyship) only applies when you are secondarily liable

Question 18

What is the only way to avoid a collateral promise issue if there is no writing?

Answer 18

Through a novation where a new party with a new performance agrees to come in and substitute himself for an old party and old performance. All three parties agree to the switch, and the old duty is replaced by the new one