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