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