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