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. Construction or meaning given the contract

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

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

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

5. Person whose debt is being supported

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

7. 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

8. 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.

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

10. Person who promises to pay the debt of another

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

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

13. Practice engaged in by the trade or industry

14. 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

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

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

17. 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

18. Previous conduct between parties

19. Complete and exclusive agreement of the parties

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

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

23. 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

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

25. (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

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