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