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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. Applies to promises in consideration of marriage but not to mutual promises to marry
Principal debtor
Admission
Marriage provision
Executor/Administrator
2. Construction or meaning given the contract
Modification or rescission of contracts within the statute of frauds
Surety
Promissory estoppel
Interpretation
3. Excludes inconsistent prior and contemporaneous oral and written agreements not incorporated into an integrated contract. exclude varying or changing parol (speech)
Surety
Restitution
Admission
Parol evidence rule
4. An admission in pleadings - testimony - or otherwise in court makes the contract enforceable for the quantity of goods admitted
Admission
Executor/Administrator
Full performance by one party
Promissory estoppel
5. 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
Full performance
Statute of frauds
Suretyship provision
Parol evidence rule
6. Object of promisor/surety is to provide an economic benefit for herself.
Main purpose
Course of performance
Original promise
Restitution
7. Promise to become primarily liable; (then the statute of frauds t apply) making the debt one's own
One-year provision
Executor-administrator provision
Original promise
Delivery or payment and acceptance
8. Person whose debt is being supported
Original promise
Principal debtor
Course of performance
Situations Parol Rule does not apply
9. 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
Interpretation
Collateral promise
Course of performance
Part performance
10. Person appointed to settle a decedent's estate
Executor/Administrator
One-year provision
Marriage provision
Compliance: sale of goods
11. A contract for the sale of goods for the price of $500 or more must be evidenced by a writing to be enforceable
Situations Parol Rule does not apply
Sale of goods
Course of performance
Course of dealing
12. (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
Compliance: general contract law
Suretyship provision
Situations Parol Rule does not apply
Usage of trade
13. Complete and exclusive agreement of the parties
Land contract provision
Integrated contract
Admission
Part performance
14. 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
Modification or rescission of contracts within the statute of frauds
Surety
Statute of frauds
Usage of trade
15. Oral contracts modifying existing contracts are unenforceable if the resulting contract is within the statute of frauds
Collateral promise
Surety
Original promise
Modification or rescission of contracts within the statute of frauds
16. If it is possible for the agreement to be performed within one year it is not within the statute of frauds
Possibility tests
Specially manufactured goods
Marriage provision
One-year provision
17. Previous conduct between parties
Statute of frauds
Course of dealing
Collateral promise
Admission
18. Validates the contract only for the goods that have been accepted or for which payment has been made
Delivery or payment and acceptance
Course of performance
Principal debtor
Surety
19. 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.
Modification or rescission of contracts within the statute of frauds
Full performance
Admission
Executor/Administrator
20. 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
Marriage provision
Integrated contract
Principal debtor
Compliance: general contract law
21. Applies to contracts that cannot be performed in one year--have to be in writing
One-year provision
Course of dealing
Delivery or payment and acceptance
Suretyship provision
22. 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
Suretyship provision
Collateral promise
Compliance: sale of goods
Course of dealing
23. Person who promises to pay the debt of another
Surety
Land contract provision
Statute of frauds
Course of dealing
24. Conduct between the parties concerning performance of the particular contract
Course of performance
Surety
Land contract provision
Restitution
25. Applies to promises to answer personally for a duty of the decedent
Suretyship provision
Usage of trade
Sale of goods
Executor-administrator provision
26. 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
Full performance
Compliance: sale of goods
One-year provision
Promissory estoppel
27. Makes the promise of the other party enforceable under majority view
Full performance by one party
Specially manufactured goods
Collateral promise
Situations Parol Rule does not apply
28. An ora contract for specially manufactured goods i enforceable
Possibility tests
Specially manufactured goods
Executor/Administrator
Surety
29. Applies to promises to transfer any right - privilege - power - or immunity in real property
Promissory estoppel
Land contract provision
Course of dealing
Parol evidence rule
30. Practice engaged in by the trade or industry
Principal debtor
Possibility tests
Course of dealing
Usage of trade
31. Is available in quasi-contract for benefits conferred in reliance on the oral contract
Main purpose
Modification or rescission of contracts within the statute of frauds
Restitution
Course of dealing
32. Undertaking to be secondarily liable; that is - liable if the principal debtor does not perform
Collateral promise
Suretyship provision
Part performance
Surety