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