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