Practice Quiz - Chapter 13 Contracts in writing and third party contracts

which of the following is not a recognized main purpose of the statute of frauds

to promote the notion that a person's word is his or her bond

Which of the following is an accurate statement regarding the liability of a delagator?

A delagator is not relieved of his or her duty to perfrom by making a delegation

Which of the following is a type of intended beneficiary?

A donee beneficiary. also a creditor beneficiary

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.

According to the ______, parol evidence is admissible for the sake of clarification if the evidence addresses prior dealings between the parties or usages of trade in the same business as the parties field

Uniform Commercial Code

____ obligations are debts entered into in an initial contract

primary

Parties not in ______ of contract usually do not have rights to a contract

privity

suppose amanda contracts with alex to clean his house. in return, Alex agreees to pay amandas credit card debt to her credit card company. In this third-party beneficiary contract, amanda is the ____

promise

Suppose that Amanda contracts with Alex to clean his house. In return, Alex agrees to pay Amanda's credit card debt to her credit card company. In this third party beneficiary contract, Alex is the____

promisor

A _____ obligation arises when a party outside a primary agreement promises to fulfill the primary debtors obligations if the primary debtor fails to fulfill his or her obligations

secondary

If the administrator or executor agrees to pay estate debts personally, he or she has assumed an____ Obligation

secondary

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

parol;common

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 incorrect statement regarding promises an administrator or an executor makes to pay estate debts?

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

promissory estoppel is an exception to the statute of___

frauds

Which of the follwoing is an accurate statement regarding the relationship between the parole evidence rule and subsequent modification of an existing, written contract?

Evidence of a written contract's subsequent modification is admissible if it was made after the contract and it clearly indicates the modification

Which of the following is an incorrect statement regarding the statute of frauds writing requirement for real property transactions?

Leases are not within the statute of frauds writing requirement

Which of the following states does not recognize the admission exception to the statute of frauds writing requirement

Louisina

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

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

Which of the following is an incorrect statement regarding whether an assignemtn can be made despite an anti-assignemnt clause in the contract

The law does not currently recognize any exceptions to the enforceability of an anti-assignemnt clause in a contract

Which of the following is a main situation in which a third party gains rights to a contract to which he or she is not a party?

The third party is a direct beneficiary the contract

All but which of the following is an accurate statement regarding the vesting of a third party's rights under a contract

The third party rights cannot vest unless the third party is able to establish that he or she is an incidental beneficiary of the contract

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

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

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

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

The first-______ rule states that the first party granted the assignment is the party correctly entitled to the contractual right

assignment-in-tim

a delagation occurs when a (n)___transfers his or her duty to perfrom to a(n)

delagator;delegatee

A(n)___occurs when a party to a contract transfers his or her duty to perform to a third party who is not part of the original contract

delegation

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

if the contract's term require modifications to be in writing, oral modifications are nevertheless admissble

for a contract right to___, the right must mature so that a party can legally act on it

vest

Uniform Commercial Code Section _____ requires a contract for the sale of goods priced at $500 or more to be in writing to be enforceable

2-201

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

a right to receive money

Under the state of frauds, real property is considered all but which of the following?

a tractor

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

admission

If the contract intends to grant a gift to a third party, the third party is a(n)___beneficiary

donee

Suppose an assignor transfers to an assignee under a contract stating "i assign the contract," but nothing is said specifically about a delegation of duties. what would a court likely conclude regarding the assignment of rights and the delegation of duties under such a contract

due to its ambiguous language, the contract involved both as assignment of rights and a delegation of duties

Which of the following is a duty that can be delegated?

duties that are standardized and non-personal in nature

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 negotiated by an agent

equal dignity rule

A(n)___contract is a written contract intended to be the complete and final representation of the parties agreement

integrated

a third party beneficiary is a(n)___beneficiary of a contract between two other parties

intended

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 the agreement

A(n)___clause is a clause parties include in a writeen 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 agree to represent charity vance in a divorce proceeding next month. in this specific context, highlander is a(n)___under the contract

obligor

According to the Restatement(Second) of Contracts, if a first assignment is legally voidable or revocable by the assignor, a later assignee is considered the legal owner of a contractual right if he or she offers something to the assignor as consideration and then obtains any but which of the following?

service of process from the first assignee

In determining whether a third party is an intended beneficiary, courts ask whether the contracting parties intended the third party to be all but which of the following?

the incidental beneficiary

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 statute of frauds, for those types of contracts that must be in writing, who must sign the contract in order for it to be enforced?

the party denying the existence of the contract

According to the Uniform commercial code, which of the following is a required written element of a sales contract.

the quantify of goods sold

Suppose Vince is a third-party beneficiary to a contract. When he finds out about the contract, he decided to lease a new car because he is expecting to benefit from the contract. Obtaining the lease would cause Vince's rights to the contract to ____ because doing so demonstrates a change in position based on reliance on the contract

vest

Which of the following is a correct statement regarding the relationship between the parol evidence rule and the incomplete contracts?

when a contract is fundamentally flawed in missing critical information, courts can allow parol evidence to provide the missing information

Which of the following is not a factor a court will consider in determining whether a party is an intended or an incidental beneficiary?

whether the third party paid obligor consideration for the benefit