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Test your basic knowledge |
Contracts In Writing
Start Test
Study First
Subject
:
law
Instructions:
Answer 32 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Excludes inconsistent prior and contemporaneous oral and written agreements not incorporated into an integrated contract. exclude varying or changing parol (speech)
Statute of frauds
Interpretation
Original promise
Parol evidence rule
2. Previous conduct between parties
Situations Parol Rule does not apply
Course of dealing
Restitution
Sale of goods
3. Validates the contract only for the goods that have been accepted or for which payment has been made
Interpretation
Main purpose
Original promise
Delivery or payment and acceptance
4. Practice engaged in by the trade or industry
Surety
Usage of trade
Compliance: general contract law
Marriage provision
5. Promise to become primarily liable; (then the statute of frauds t apply) making the debt one's own
Compliance: sale of goods
Main purpose
Restitution
Original promise
6. An ora contract for specially manufactured goods i enforceable
Delivery or payment and acceptance
Marriage provision
Specially manufactured goods
Usage of trade
7. Applies to promises to answer personally for a duty of the decedent
Marriage provision
Modification or rescission of contracts within the statute of frauds
Full performance
Executor-administrator provision
8. The promise to pay the debts of another. Applies to the contractual promise by a surety (promisor) to a creditor (promisee) to perform the duties or obligations of a third person (principal debtor) if the principal debtor does not perform
Parol evidence rule
Suretyship provision
Original promise
Principal debtor
9. The writing or writings must (1) specify the parties to the contract; (2) specify the subject matter and essential terms; and (3) be signed by the party to be charged or by her agent
Land contract provision
Admission
Compliance: general contract law
Course of dealing
10. Applies to contracts that cannot be performed in one year--have to be in writing
Suretyship provision
One-year provision
Usage of trade
Integrated contract
11. Makes the promise of the other party enforceable under majority view
Full performance by one party
Executor-administrator provision
Main purpose
Compliance: sale of goods
12. A contract for the sale of goods for the price of $500 or more must be evidenced by a writing to be enforceable
Executor-administrator provision
Interpretation
Sale of goods
Integrated contract
13. Person who promises to pay the debt of another
Promissory estoppel
Delivery or payment and acceptance
Principal debtor
Surety
14. In applying this exception - many states require the transferee to have paid a portion or all of the purchase price and either to have taken possession of the real estate or to have started to make valuable land improvements
Part performance
Marriage provision
Admission
Surety
15. Statute does not apply to executed contracts. After all the promises of an oral contract have been performed by all the parties - the statute of frauds no longer applies.
Full performance
Interpretation
Delivery or payment and acceptance
Course of performance
16. The writing or writings must (1) be sufficient to indicate that a contract has been made between the parties; (2) be signed by the party against whom enforcement is sought or by her authorized agent; and (3) specify the quantity of goods to be sold
Full performance by one party
Executor-administrator provision
Compliance: sale of goods
Parol evidence rule
17. Person appointed to settle a decedent's estate
One-year provision
Interpretation
Executor/Administrator
Surety
18. Oral contracts will be enforced where the party seeking enforcement has reasonably and justifiably relied on the promise and the court can avoid injustice only be enforcement
Executor/Administrator
Part performance
Promissory estoppel
Parol evidence rule
19. Undertaking to be secondarily liable; that is - liable if the principal debtor does not perform
Collateral promise
Restitution
Usage of trade
Delivery or payment and acceptance
20. Construction or meaning given the contract
Integrated contract
One-year provision
Statute of frauds
Interpretation
21. Specifies those contracts that must be in writing to be enforceable. Include: (1) promises to answer for the duty of another; (2) promises of an executor or administrator to answer personally for a duty of the decedent whose funds he is administering
Delivery or payment and acceptance
Full performance
Executor/Administrator
Statute of frauds
22. Conduct between the parties concerning performance of the particular contract
Part performance
Full performance
Course of performance
Executor-administrator provision
23. An admission in pleadings - testimony - or otherwise in court makes the contract enforceable for the quantity of goods admitted
Full performance by one party
Admission
Modification or rescission of contracts within the statute of frauds
Statute of frauds
24. (1) partly written/partly oral contract; (2) typographical error; (3) lack of contractual capacity--would become void/able; (4) a defense of fraud-- would become void/able or enforceable; (5) condition precedent to which the parties agreed orally at
Situations Parol Rule does not apply
Executor/Administrator
Possibility tests
Delivery or payment and acceptance
25. Applies to promises in consideration of marriage but not to mutual promises to marry
Marriage provision
Specially manufactured goods
Course of performance
One-year provision
26. Is available in quasi-contract for benefits conferred in reliance on the oral contract
One-year provision
Restitution
Full performance by one party
Principal debtor
27. Complete and exclusive agreement of the parties
Compliance: general contract law
Integrated contract
Executor-administrator provision
Course of performance
28. Applies to promises to transfer any right - privilege - power - or immunity in real property
Course of dealing
Marriage provision
Executor-administrator provision
Land contract provision
29. Oral contracts modifying existing contracts are unenforceable if the resulting contract is within the statute of frauds
Part performance
Executor-administrator provision
Suretyship provision
Modification or rescission of contracts within the statute of frauds
30. Person whose debt is being supported
Principal debtor
Executor-administrator provision
Situations Parol Rule does not apply
Interpretation
31. Object of promisor/surety is to provide an economic benefit for herself.
Integrated contract
One-year provision
Main purpose
Full performance
32. If it is possible for the agreement to be performed within one year it is not within the statute of frauds
Principal debtor
Compliance: sale of goods
Delivery or payment and acceptance
Possibility tests