Which of the Following Is False Regarding the Statute of Frauds

question 31

Multiple Choice

Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?

• A) Agreements regarding marriage in which one party is gaining something other than a return on his or her promise to marry are within the statute of frauds and must be in writing.
• B) Mutual promises to marry fall within the statute of frauds.
• C) Prenuptial agreements fall within the statute of frauds.
• D) A prenuptial agreement is not automatically enforceable just because it is in writing.
• E) When one party promises something to the other as part of an offer of marriage, the contract must be in writing to be enforceable.

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Definitions:

Summary Judgment

A legal determination made by a court without a full trial, granted when one party's evidence clearly shows there is no factual dispute, thereby avoiding the need for a trial.

Intoxicated Parties

Individuals under the influence of alcohol or drugs, particularly in legal contexts where their capacity to consent or make decisions is questioned.

Mental Incapacity

A condition where an individual is unable to understand the nature and consequences of decisions, thereby lacking the ability to make sound decisions, often considered in legal contexts regarding contracts and consent.

Disaffirmance

The act of denying, rejecting, or declaring void a contract or agreement, particularly by a minor.