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The Parol Evidence Rule and Contract Discharge, Exams of Nursing

University of OxfordNursing

This document covers key concepts related to the parol evidence rule, the statute of frauds, and the ways in which contracts can be discharged. It also discusses agency relationships, including apparent authority and the principal's liability for an agent's torts, as well as employment law issues such as discrimination and the Americans with Disabilities Act.

Typology: Exams

2023/2024

Available from 09/12/2024

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BLAW EXAM 4๎˜Š
1. CPA QUESTION Two individuals signed a contract that was intended to be their entire agreement. The
Parol evidence rule will prevent the admission of evidence offered to:
(a) Explain the meaning of an ambiguity in the written contract
(b) Establish that fraud had been committed in the formation of the contract
(c) Prove the existence of a contemporaneous oral agreement modifying the contract (d) Prove the
existence of a subsequent oral agreement modifying the contract - correct answer โœ”โœ”: C. The rule
prevents reliance on any oral agreements made while signing the integrated written contract. CPA
Examination, November 1991, #23.
. Raul wants to plant a garden, and he agrees to buy a small piece of land for $300. Later, he agrees to
buy a table for $300. Neither agreement is put in writing. The agreement to buy the land ____________
enforceable, and the agreement to buy the table ____________ enforceable.
(a) is; is
(b) is; is not
(c) is not; is
(d) is not; is not - correct answer โœ”โœ”C
. The common law statute of frauds requires that to be "in writing" an agreement must be signed by....
(a) the plaintiff
(b) the defendant
(c) both A and B
(d) none of the above - correct answer โœ”โœ”B
Mandy verbally tells a motorcycle dealer that she will make her son's motorcycle payments if he falls
behind on them. Will Mandy be legally required to live up to this agreement?
(a) Yes, absolutely.
(b) Yes, if her son is under 18.
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BLAW EXAM 4

  1. CPA QUESTION Two individuals signed a contract that was intended to be their entire agreement. The Parol evidence rule will prevent the admission of evidence offered to: (a) Explain the meaning of an ambiguity in the written contract (b) Establish that fraud had been committed in the formation of the contract (c) Prove the existence of a contemporaneous oral agreement modifying the contract (d) Prove the existence of a subsequent oral agreement modifying the contract - correct answer โœ”โœ”: C. The rule prevents reliance on any oral agreements made while signing the integrated written contract. CPA Examination, November 1991, #23. . Raul wants to plant a garden, and he agrees to buy a small piece of land for $300. Later, he agrees to buy a table for $300. Neither agreement is put in writing. The agreement to buy the land ____________ enforceable, and the agreement to buy the table ____________ enforceable. (a) is; is (b) is; is not (c) is not; is (d) is not; is not - correct answer โœ”โœ”C . The common law statute of frauds requires that to be "in writing" an agreement must be signed by.... (a) the plaintiff (b) the defendant (c) both A and B (d) none of the above - correct answer โœ”โœ”B Mandy verbally tells a motorcycle dealer that she will make her son's motorcycle payments if he falls behind on them. Will Mandy be legally required to live up to this agreement? (a) Yes, absolutely. (b) Yes, if her son is under 18.

(c) Yes, if Mandy will be the primary driver of the motorcycle. (d) Yes, if the motorcycle is worth less than $500. (e) No, absolutely not. - correct answer โœ”โœ”C. If Mandy drives the motorcycle, she can be held to this oral agreement because she benefits from the "leading object," the motorcycle

. In December 2012, Eric hires a band to play at a huge graduation party he is planning to hold in May,

  1. The deal is never put into writing. In January 2014, if he wanted to cancel the job, Eric _____________ be able to do so. If he does not cancel, and if the band shows up and plays at the party in May, 2014. Eric ______________ have to pay them. (a) will; will (b) will; will not (c) will not; will (d) will not; will not - correct answer โœ”โœ”A
  2. CPA QUESTION: Nagel and Fields entered into a contract in which Nagel was obligated to deliver certain goods by September 10. On September 3, Nagel told Fields that he had no intention of delivering the goods. Prior to September 10, Fields may successfully sue Nagel under the doctrine of: (a) promissory estoppel (b) accord and satisfaction (c) anticipatory breach (d) substantial performance - correct answer โœ”โœ”C. CPA Examination, November 1989, #
  3. Most contracts are discharged by: (a) agreement of the parties (b) full performance (c) failure of conditions (d) commercial impracticability (e) a material breach - correct answer โœ”โœ”B
  4. If a contract contains a condition precedent, the ____ has the burden of proving that the condition actually happened. If a condition subsequent exists, the ____ has the burden of showing that the condition occurred. (a) plaintiff; plaintiff
  1. (d) Yes, Finn has violated his duty of loyalty to Barry. - correct answer โœ”โœ”D . Kurt asked his car mechanic, Quinn, for help in buying a used car. Quinn recommends a Ford Focus that she has been taking care of its whole life. Quinn was working for the seller. Which of the following statements is true? (a) Quinn must pay Kurt the amount of money she received from the Ford's prior owner. (b) After buying the car, Kurt discovers it needs $1000 in repairs. He may recover that amount from Quinn, but only if Quinn knew about the needed repairs before Kurt bought the car. (c) Kurt cannot recover anything because Quinn had no obligation to reveal her relationship with the car's seller. (d) Kurt cannot recover anything because he had not paid Quinn for her help - correct answer โœ”โœ”A Figgins is the dean of a college. He appointed Sue acting dean while he was out of the country and posted an announcement on the college web site announcing that she was authorized to act in his place. He also told Sue privately that she did not have the right to make admissions decisions. While Figgins was gone, Sue overruled the admissions committee to admit the child of a wealthy alumnus. Does the child have the right to attend this college?
  2. (a) No, because Sue was not authorized to admit him.
  3. (b) No, because Figgins did not ratify Sue's decision.
  4. (c) Yes, because Figgins was a fully disclosed principal.
  5. (d) Yes, because Sue had apparent authority. - correct answer โœ”โœ”D . CPA QUESTION A principal will not be liable to a third party for a tort committed by an agent:
  6. (a) Unless the principal instructed the agent to commit the tort
  7. (b) Unless the tort was committed within the scope of the agency relationship
  8. (c) If the agency agreement limits the principal's liability for the agent's tort
  9. (d) If the tort is also regarded as a criminal act - correct answer โœ”โœ”B CPA QUESTION Cox engaged Datz as her agent. It was mutually agreed that Datz would not disclose that he was acting as Cox's agent. Instead he was to deal with prospective customers as if he were a principal acting on his own behalf. This he did and made several contracts for Cox. Assuming Cox, Datz, or the customer seeks to avoid liability on one of the contracts involved, which of the following statements is correct?
  1. (a) Cox must ratify the Datz contracts in order to be held liable.
  2. (b) Datz has no liability once he discloses that Cox was the real principal.
  3. (c) The third party can avoid liability because he believed he was dealing with Datz as a principal. (d) The third party may choose to hold either Datz or Cox liable - correct answer โœ”โœ”D Gregg Young, the CEO of BJY Inc., insisted on calling Mamdouh El-Hakem "Manny" or "Hank" even when El-Hakem asked him not to. El-Hakem was of Arab heritage. Young argued that a "Western" name would increase El-Hakem's chances for success and would be more acceptable to BJY's clientele. Does this behavior violate the law? a. Yes, Young violated Title VII by discriminating against El-Hakem on the basis of his national origin. b. Yes, Young was creating a hostile work environment. c. Both (a) and (b) d. No, Manny is just a nickname. No harm was intended and, indeed, no harm resulted. e. No, because customers did prefer a Western name. - correct answer โœ”โœ”C The CEO of BankTwo realized that not one single officer of the bank was female or minority. He announced that henceforth, the bank would only hire people in these two groups until they comprised at least 30 percent of the officers. Is this plan legal? a. Yes, voluntary affirmative action plans are always legal. b. Yes, because fewer than 20 percent of the officers are female or minority. c. No, to be legal, the goal of an affirmative action plan cannot be greater than 20 percent female or minority. d. No, the plan is too unfair to white men, who have no chance of being hired for a long time - correct answer โœ”โœ”D .When Allain University was looking for a diversity officer, it decided it would only hire a person of color. Is this decision legal? a. Yes, color is a BFOQ for this position. b. No, color is never a BFOQ, but race could be. c. No, neither race nor color can be a BFOQ.
  1. A principal is generally liable for an agent's tort simply because it was committed while the agent was acting within the scope of employment. - correct answer โœ”โœ”T
  2. Beta Distribution Company grants its agent, Cathy, an exclusive territory in which to sell Beta products. Beta likely cannot compete with Cathy in that territory under the principal's duty of a. Compensation. b. Cooperation. c. Indemnification. d. Reimbursement - correct answer โœ”โœ”B
  3. A condition subsequent must be met before a party's performance can be required, i.e., before the obligation to perform becomes absolute. - correct answer โœ”โœ”F
  4. Most contracts are discharged by operation of law - correct answer โœ”โœ”F
  5. A contract is substantially performed when performance creates essentially the same benefits as those promised in the contract - correct answer โœ”โœ”T
  6. Foreseeable bad weather conditions can excuse a party from performing a contract on the ground of commercial impracticability. - correct answer โœ”โœ”F
  7. Performance under a contract may not be conditioned on the nonoccurrence of an event. - correct answer โœ”โœ”F
  8. Anything less than complete performance is always a material breach of contract - correct answer โœ”โœ”F
  9. Any breach, however minor, always discharges the nonbreaching party from contract obligations in every contract. - correct answer โœ”โœ”F
  10. Protection against discrimination under the Civil Rights Act of 1964 does not extend to situations in which individuals are harassed by members of the same gender - correct answer โœ”โœ”F
  1. Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990. - correct answer โœ”โœ”F
  2. Generally, contracts calling for the conveyance of an interest in land must be in writing to be enforceable. - correct answer โœ”โœ”T
  3. Evidence of prior agreements that differ from the terms of a subsequent written contract can be ordinarily be introduced, even though objection is made, in court to determine the final terms of the contract. - correct answer โœ”โœ”F