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