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