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