Contracts In Writing
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Contracts In Writing
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25 Questions

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

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

3. (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

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

5. 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

6. Validates the contract only for the goods that have been accepted or for which payment has been made

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

8. 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

9. If it is possible for the agreement to be performed within one year it is not within the statute of frauds

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

11. 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

12. 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.

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

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

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

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

17. Complete and exclusive agreement of the parties

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

19. 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

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

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

22. An ora contract for specially manufactured goods i enforceable

23. Practice engaged in by the trade or industry

24. Person who promises to pay the debt of another

25. Applies to contracts that cannot be performed in one year--have to be in writing

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