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Contracts In Writing
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Contracts In Writing
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25 Questions

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

2. Person whose debt is being supported

3. 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

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

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

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

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

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

9. 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

10. 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

11. Complete and exclusive agreement of the parties

12. Previous conduct between parties

13. An ora contract for specially manufactured goods i enforceable

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

16. Practice engaged in by the trade or industry

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

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

19. 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.

20. Construction or meaning given the contract

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

22. 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

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

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

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

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