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