Consideration Conflation
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
22455_statute-of-frauds-land · CONTRACTS · Choice AIt was possible that the promise she made to her brother and her aunt would not be performed within a year.
Why it's attractive
The one-year rule only applies when performance within a year is impossible by the contract's terms. Here, both promises could have been performed within a year if the person died.
Why it's wrong
The one-year rule only applies when performance within a year is impossible by the contract's terms. Here, both promises could have been performed within a year if the person died.
22455_statute-of-frauds-land · CONTRACTS · Choice BShe received no consideration from her brother for either promise.
Why it's attractive
Consideration and the Statute of Frauds are independent doctrines. Also, consideration WAS present (the deed conveyance and Daniel's promise to share inheritance).
Why it's wrong
Consideration and the Statute of Frauds are independent doctrines. Also, consideration WAS present (the deed conveyance and Daniel's promise to share inheritance).
22455_statute-of-frauds-land · CONTRACTS · Choice DThe cottage had a value in excess of $500.
Why it's attractive
The UCC Statute of Frauds applies to sales of goods, not real property. A cottage is realty.
Why it's wrong
The UCC Statute of Frauds applies to sales of goods, not real property. A cottage is realty.
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