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