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