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