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