Contracts In Writing
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Avg score: 39% • Most missed: “Oral contracts modifying existing contracts are unenforceable if the resulting c…”
Contracts In Writing
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25 Questions

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

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

3. Construction or meaning given the contract

4. Person whose debt is being supported

5. Complete and exclusive agreement of the parties

6. (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

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

8. An ora contract for specially manufactured goods i enforceable

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

10. 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

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

12. Previous conduct between parties

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

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

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

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

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

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

19. 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

20. 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.

21. 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

22. Practice engaged in by the trade or industry

23. 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

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

25. Person who promises to pay the debt of another

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