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