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Contracts In Writing
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Contracts In Writing
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25 Questions

1. 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

2. An ora contract for specially manufactured goods i enforceable

3. Oral contracts modifying existing contracts are unenforceable if the resulting contract is within the statute of frauds

4. Excludes inconsistent prior and contemporaneous oral and written agreements not incorporated into an integrated contract. exclude varying or changing parol (speech)

5. Complete and exclusive agreement of the parties

6. 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

7. An admission in pleadings - testimony - or otherwise in court makes the contract enforceable for the quantity of goods admitted

8. Undertaking to be secondarily liable; that is - liable if the principal debtor does not perform

9. Applies to promises to transfer any right - privilege - power - or immunity in real property

10. (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

11. Person whose debt is being supported

12. Previous conduct between parties

13. Makes the promise of the other party enforceable under majority view

14. Is available in quasi-contract for benefits conferred in reliance on the oral contract

15. Construction or meaning given the contract

16. 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.

17. 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

18. A contract for the sale of goods for the price of $500 or more must be evidenced by a writing to be enforceable

19. Applies to promises to answer personally for a duty of the decedent

20. Person who promises to pay the debt of another

21. 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

22. 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

23. Applies to promises in consideration of marriage but not to mutual promises to marry

24. Object of promisor/surety is to provide an economic benefit for herself.

25. Conduct between the parties concerning performance of the particular contract

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