Law 3800 Ch 13 SB

Promissory estoppel is an exception to the statue of ___

frauds

Various exceptions to the statute of ___ include admission, partial performance, and promissory estoppel.

frauds

Contracts whose performance, based on the terms of the contract, cannot possibly occur within ___ fall within the statute of frauds and therefore must be in writing.

one year

The purpose of the ___ rule is to restrict evidence from being admitted that substantially contradicts the agreement in its written form.

parol evidence

The ___ evidence rule is a ___ law rule that specifically addresses the admissibility of oral evidence as it relates to written contracts.

parol; common

Which of the following is an accurate statement regarding the first-assignment-in-time rule?

Most states currently use the first-assignment-in-time rule.

Which of the following is an accurate statement regarding primary obligations and the statute of frauds?

Primary obligations are not within the statute of frauds and therefore need not be in writing to be enforceable.

Under ___ performance, if the buyer in an alleged contract for the sale of land has paid any portion of the sales price and has begun to improve the land permanently, the course will consider such actions proof of the contract.

partial

With a(n) __ contract, parol evidence is admissible to the extent it clarifies part of the contract or addresses the enforcement of the contract.

partially integrated

When an entire contract is conditioned on something occurring first, that first thing is known as a condition ___.

precedent

A ___ agreement is a contract entered into by two parties before marriage that clearly states the ownership rights each party enjoys in the other party's property.

prenuptial

Contractual rights that cannot be assigned include all but which of the following?

right for a bank to sell a mortgage instrument to another bank

According to the Uniform Commercial Code (UCC), Section 2-201, which of the following is an incorrect statement about contracts for the sale of goods prices at $500 or more?

Terms other than quantity must be exact and included in the written contracts.

Which of the following is not a recognized reason why, even when a contract has an antiassignment clause, either party may still assign his or her right to receive payment?

The United States Constitution expressly protects and preserves the ability to assign a right to payment.

The contracts involving promises to pay a debt that are within the statute of frauds are of a very limited kind. These promises are referred to as ___.

secondary promises, collateral promises, or suretyship promises.

Agreements regarding marriage in which on party is gaining something other than a return on his or her promise to marry are within the ___ and therefore must be in writing.

statute of frauds

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and evidence of prior dealings or usage of trade?

the parol evidence rule prohibits the admissibility of evidence of prior dealings or usage of trade

According to the Uniform Commercial Code, which of the following is a required written element of a sales contract?

the quantity of goods to be sold

Which of the following is not an element required for a writing to satisfy the statute of frauds?

the signature of the plaintiff suing to enforce the contract

Which of the following is a recognized purpose of the statute of frauds?

to prevent parties from entering into contracts with which they do not agree

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts containing ambiguous terms?

when a contract contains ambiguous terms, the court allows only written evidence to be introduced to clarify the ambiguous terms

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts with serious and obvious typographical errors?

A written agreement is fundamentally altered by allowed parol evidence to correct a typo.

Which of the following is an incorrect statement regarding promises an administrator or executor makes to pay estate debts?

An agreement to pay estate debts from estate assets must be in writing to be enforceable

According to the Uniform Commercial Code, which of the following is a recognized exception to the writing requirement of the statute of frauds?

An oral contract for customized goods

Which of the following is an accurate statement regarding secondary obligations and the statute of frauds?

A secondary obligation is within the statute of frauds and therefore must be in writing to be enforceable.

Which of the following is an incorrect statement regarding the subsequent modification of an existing, written contract?

If the contract's terms require modifications to be in writing, oral modifications are nevertheless admissible.

Which of the following is not a specific type of contract that falls within the statute of frauds?

a contract for the sale of goods valued at less than $500

___ states have adopted the English rule regarding notice of assignment.

a minority of

A(n) ___ is a statement made in court, under oath, or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed, even though the contract was required to be in writing.

admission

Which of the following is an incorrect statement regarding the relationship between the parol evidence and void or voidable contracts?

allowing evidence that proves a contract is void or voidable violates the parol evidence rule

When parties include a(n) ___ clause in their contract, the parties are attempting to limit their ability to assign their rights under the contract.

antiassignment

A(n) ___ occurs when a party to a contract transfers his or her rights to a third party.

assignment

Instead of the third party receiving something, as in an assignment, delegations require the ___ to fulfill the delegator's contractual obligation to the obligee.

delegatee

With a delegation, the ___ transfers his or her duty to perform to a third party who is not part of the original contract.

delegator

A delegation occurs when a(n) __ transfers his or her duty to perform to a(n) ___

delegator; delegatee

Which of the following is a distinct advantage of a merger clause?

it reduced the courts guesswork in determining whether the written agreement was in fact intended to be the final statement of an agreement

According to the ___ rule, if the main purpose for incurring a secondary obligation is to obtain a personal benefit, the promise does not fall within the statute of frauds and need not be in writing.

main-purpose

A(n)___ clause is a clause parties include in a written agreement within the statute of frauds stating that the written agreement accurately reflects the final, complete version of the agreement.

merger

By way of an attorney-client agreement, Charity Vance looks forward to attorney Jack Highlander's legal representation of her in a divorce proceeding next month. In this specific context, charity is a ___ of the contract

obligee

Attorney Jack Highlander agrees to represent Charity Vance in a divorce proceeding next month. In this specific context, Highlander is a(n) __ under contract.

oblligor

Which of the following is not a recognized exception to the parol evidence rule?

contracts that are represented to be the full and final agreement of the parties

Under the statute of frauds, which of the following is not true of the contracts related to an interest in land?

contracts transferring other interests in land are outside the statute of frauds

Under the ___, contracts that would normally fall under the statute of frauds and need a writing if negotiated by the principal must be in writing even if negotiated by an agent.

equal dignity rule

Which of the following is an incorrect statement regarding whether an assignment can be made despite an antiassignment clause in a contract?

Laws do not currently recognize any exceptions to the enforceability of an antiassignment clause in a contract

Which of the following is an incorrect statement regarding the applicability of the parol evidence rule to a nonfinalized, partially written and partially oral, contract?

When a contract consists of both written and oral elements, judges tend to treat the agreement ass finalized.