Question 1

Which of the following is false regarding written contracts?

Accepted Answer

A)   Disputes are easier to settle when contractual terms are solidified in writing.
B)   The moment of writing allows both parties to reconsider terms and ensure what they desire.
C)   In general, written contracts aid in the conduct of smooth business contracts.
D)   The idea of requiring a writing comes from an English Act.
E)   All contracts must be in writing in order to be enforced.F) C) and D)
G) B) and C)

Question 2

When parties include a[n] ___________ clause in their contract, the parties are attempting to limit their ability to assign their rights under the contract.

Accepted Answer

A)   Anti-obligation
B)   Antiassignment
C)   Anti-contract
D)   Severability
E)   IntegrationF) B) and D)
G) A) and E)

Question 3

Which of the following is true regarding oral assignments?

Accepted Answer

A)   Assignments may not be made orally.
B)   The UCC requires that assignments be in writing when the amount being assigned is greater than $5,000.
C)   Assignments are not covered by the statute of frauds.
D)   The UCC requires that assignments be in writing when the amount being assigned is greater than $2,000.
E)   Both that assignments may be made orally and that the UCC requires that assignments be in writing when the amount being assigned is greater than $1,000.F) A) and D)
G) C) and D)

Question 4

Which of the following parties must sign a document coming within the statute of frauds?

Accepted Answer

A)   The party against whom action is sought
B)   The offeror only
C)   The offeree only
D)   Only a person who has agreed to pay the debt of another
E)   Any party to the contractF) D) and E)
G) A) and B)

Question 5

When may a court rule that parol evidence may be admissible to further the court's understanding of an agreement?

Accepted Answer

A)   When a court determines that a written agreement represents a complete and final version of the agreement.
B)   When a court determines that a written agreement does not represent a complete and final version of the agreement.
C)   When a court determines that there is disagreement between the parties over performance of the agreement.
D)   When a court determines that the plaintiff failed to do sufficient research to determine if signing the agreement was advisable.
E)   When a court determines that either party failed to obtain counsel to determine if signing the agreement was advisable.F) C) and D)
G) B) and E)

Question 6

A ___________ beneficiary is a third party that benefits from a contract in which the promisor agrees to pay the promisee's debt.

Accepted Answer

A)   Creditor
B)   Donee
C)   Incidental
D)   Promised
E)   AvowedF) A) and D)
G) None of the above

Question 7

Which of the following is true regarding a signature on a document falling within the statute of frauds?

Accepted Answer

A)   There is no requirement of any signature of either party to satisfy the statute of frauds.
B)   Any party required to sign must sign at the beginning of the document.
C)   Any party required to sign must sign at the end of the document.
D)   Any party required to sign must sign both at the end and at the beginning of the document.
E)   So long as it is meant as a signature, a party required to sign may sign at any place on the document.F) None of the above
G) C) and D)

Question 8

A party to a contract who transfers her duty to perform to a third party who is not part of the original contract is called a[n] ___________.

Accepted Answer

A)   Delegatee
B)   Delegator
C)   Assignor
D)   Assignee
E)   TransferorF) B) and E)
G) A) and B)

Question 9

Reference - Painted House. Billy had a contract to paint Jan's house for $800 including the duty to clean up any debris. The contract between Billy and Jan did not contain an antiassignment clause. Billy, who was very busy, assigned the contract, including the right to payment and the duty to paint, to Richard who was interested in making some extra money and had experience painting. Billy did not tell Jan about the assignment because he did not want any trouble nor did Richard mention the assignment to her. In fact, Richard never met Jan because he painted while she was at work. After Richard did a good job painting the house, Jan sent a check to Billy for $800. Billy needed the money to pay some bills, so he spent it. He thought he would have money coming in with which to pay Richard, but that did not happen. Richard asked Jan for $800 when it was not forthcoming from Billy. Jan refused. Richard said that he was going to sue her and Billy. Jan called Billy and told him that he had no right to assign the contract. Another problem involved disposal of debris. Although Richard was a good, competent painter, he forgot and left some old paint cans at Jan's house. Jan demanded that Billy come and properly dispose of the paint cans because they could not simply be put in the trash. Billy refused and told her that she would have to get Richard to dispose of the paint cans because that was his responsibility. Which of the following is true regarding Jan's statement to Richard that he had no right to delegate duties under the contract?

Accepted Answer

A)   Jan is correct because a personal type of service was involved.
B)   Jan is correct because the contract did not specifically give Richard the right to assign the contract.
C)   Jan is correct both because a personal type of service was involved and because the contract did not specifically give Richard the right to assign the contract.
D)   Jan is incorrect because the contract was not a personal service, and there was no requirement that the contract specifically reference the right to assign rights and duties.
E)   Jan is incorrect only because the contract and assignment were for an amount under $1,000. Otherwise, Richard had no right to assign the contract.F) A) and D)
G) A) and B)

Question 10

A purpose of the statute of frauds is to prevent unreliable __________ evidence from interfering with a contractual relationship.

Accepted Answer

A)   Hearsay
B)   Oral
C)   Irrelevant
D)   Immaterial
E)   Hearsay and irrelevantF) A) and C)
G) C) and D)

Question 11

Reference - Painted House. Billy had a contract to paint Jan's house for $800 including the duty to clean up any debris. The contract between Billy and Jan did not contain an anti-assignment clause. Billy, who was very busy, assigned the contract, including the right to payment and the duty to paint, to Richard who was interested in making some extra money and had experience painting. Billy did not tell Jan about the assignment because he did not want any trouble nor did Richard mention the assignment to her. In fact, Richard never met Jan because he painted while she was at work. After Richard did a good job painting the house, Jan sent a check to Billy for $800. Billy needed the money to pay some bills, so he spent it. He thought he would have money coming in with which to pay Richard, but that did not happen. Richard asked Jan for $800 when it was not forthcoming from Billy. Jan refused. Richard said that he was going to sue her and Billy. Jan called Billy and told him that he had no right to assign the contract. Another problem involved disposal of debris. Although Richard was a good, competent painter, he forgot and left some old paint cans at Jan's house. Jan demanded that Billy come and properly dispose of the paint cans because they could not simply be put in the trash. Billy refused and told her that she would have to get Richard to dispose of the paint cans because that was his responsibility. Which of the following is true regarding Billy's claim that he had no duty to pick up the paint cans?

Accepted Answer

A)   Billy is correct because he had validly delegated that duty to Richard.
B)   Billy is incorrect because the job was a personal service, and he had no right to assign either rights or duties under the contract.
C)   Billy is incorrect but only because the job was for under $1,000.
D)   Billy is correct only because Richard properly painted the house and was, therefore, responsible for ancillaries. If Richard had improperly painted the house, Billy would have had remaining duties.
E)   Billy is incorrect because his delegation did not affect his obligation to Jan.F) B) and D)
G) A) and E)

Question 12

Which of the following is an exception to the general rule that rights to a contract cannot be assigned when a contract is personal in nature?

Accepted Answer

A)   When the only part of a contract left to be fulfilled is the payment.
B)   When the sale of goods is involved.
C)   When no more than half the contractual duties have been performed.
D)   When no more than three-fourths of the contractual duties have been performed.
E)   When at least one-third of the contractual duties have been performed.F) A) and B)
G) C) and E)

Question 13

Within the statute of frauds, "land" encompasses not only the land and soil itself but anything ___________ to the land.

Accepted Answer

A)   Relating
B)   Adjacent
C)   Contracted
D)   Attached
E)   PertinentF) B) and C)
G) A) and C)

Question 14

What is a purpose of the parol evidence rule?

Accepted Answer

A)   To restrict oral evidence from being admitted that supports an agreement in its written form.
B)   To restrict written evidence from being admitted that supports an agreement in its written form.
C)   To restrict oral and written evidence from being admitted that supports an agreement in its written form.
D)   To restrict hearsay from being admitted that supports or contradicts an agreement in its written form.
E)   To restrict evidence from being admitted that substantially contradicts an agreement in its written form.F) A) and B)
G) B) and C)

Question 15

Which of the following references the maturing of rights such that a party can legally act on the rights?

Accepted Answer

A)   Absoluting
B)   Gelling
C)   Forming
D)   Vesting
E)   FinishingF) None of the above
G) B) and C)

Question 16

Which of the following is needed in order to satisfy the UCC's requirement for a written document?

Accepted Answer

A)   The contract or memorandum needs only to state the price of the goods.
B)   The contract or memorandum needs only to state the quality of the goods.
C)   The contract or memorandum needs only to state the quantity to be sold.
D)   The contract or memorandum needs to state the price of the goods and the quality of the goods, but not the quantity to be sold.
E)   The contract or memorandum needs to state the price of the goods, the quality of the goods, and also the quantity to be sold.F) A) and C)
G) A) and B)

Question 17

A contract stating "I assign all of my rights under the contract" will generally be construed to be an assignment of rights but not duties.

Accepted Answer

A) True 
 B)False

Question 18

Creditor beneficiaries can enforce their rights under a contract whenever the contract is ___________.

Accepted Answer

A)   Fair
B)   Incidental
C)   Valid
D)   Substantial and valid
E)   Recognizable and fairF) A) and C)
G) All of the above

Question 19

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Accepted Answer

A)   The statute is intended to prevent oral claims to the existence of a contract for the sale of land.
B)   The statute requires a writing as evidence of a contract to sell land.
C)   Anything attached to land such as trees or buildings is considered real property under the statute of frauds.
D)   Mortgages of land are within the statute of frauds.
E)   Leases of land are not within the statute of frauds.F) A) and D)
G) A) and B)

Question 20

What do courts generally rule regarding ambiguous assignment language such as "I assign the contract"?

Accepted Answer

A)   When ambiguous language is used, the court usually considers the assignment to be of both rights and duties.
B)   When ambiguous language is used, the court usually considers the assignment to be of rights but not duties.
C)   When ambiguous language is used, the court usually considers the assignment to be of duties but not rights.
D)   When ambiguous language is used, the court usually considers the assignment to be void.
E)   When ambiguous language is used, the court usually considers the assignment to be voidable.F) A) and B)
G) C) and D)

Exam 12: Reality of Assent

Which of the following parties must sign a document coming within the statute of frauds?

Correct Answer
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A contract stating "I assign all of my rights under the contract" will generally be construed to be an assignment of rights but not duties.

Correct Answer
verified

Which of the following references the maturing of rights such that a party can legally act on the rights?

Correct Answer
verified

Correct Answer
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Which of the following is an exception to the general rule that rights to a contract cannot be assigned when a contract is personal in nature?

Correct Answer
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Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Correct Answer
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Correct Answer
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Within the statute of frauds, "land" encompasses not only the land and soil itself but anything ___________ to the land.

Correct Answer
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Which of the following is true regarding oral assignments?

Correct Answer
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A party to a contract who transfers her duty to perform to a third party who is not part of the original contract is called a[n] ___________.

Correct Answer
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What is a purpose of the parol evidence rule?

Correct Answer
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Creditor beneficiaries can enforce their rights under a contract whenever the contract is ___________.

Correct Answer
verified

Which of the following is true regarding a signature on a document falling within the statute of frauds?

Correct Answer
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When parties include a[n] ___________ clause in their contract, the parties are attempting to limit their ability to assign their rights under the contract.

Correct Answer
verified

What do courts generally rule regarding ambiguous assignment language such as "I assign the contract"?

Correct Answer
verified

When may a court rule that parol evidence may be admissible to further the court's understanding of an agreement?

Correct Answer
verified

Which of the following is false regarding written contracts?

Correct Answer
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A ___________ beneficiary is a third party that benefits from a contract in which the promisor agrees to pay the promisee's debt.

Correct Answer
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Which of the following is needed in order to satisfy the UCC's requirement for a written document?

Correct Answer
verified

A purpose of the statute of frauds is to prevent unreliable __________ evidence from interfering with a contractual relationship.

Correct Answer
verified

Exam 12: Reality of Assent

Which of the following parties must sign a document coming within the statute of frauds?

Correct AnswerverifiedShow Answer

A contract stating "I assign all of my rights under the contract" will generally be construed to be an assignment of rights but not duties.

Correct AnswerverifiedShow Answer

Which of the following references the maturing of rights such that a party can legally act on the rights?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is an exception to the general rule that rights to a contract cannot be assigned when a contract is personal in nature?

Correct AnswerverifiedShow Answer

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Within the statute of frauds, "land" encompasses not only the land and soil itself but anything ___________ to the land.

Correct AnswerverifiedShow Answer

Which of the following is true regarding oral assignments?

Correct AnswerverifiedShow Answer

A party to a contract who transfers her duty to perform to a third party who is not part of the original contract is called a[n] ___________.

Correct AnswerverifiedShow Answer

What is a purpose of the parol evidence rule?

Correct AnswerverifiedShow Answer

Creditor beneficiaries can enforce their rights under a contract whenever the contract is ___________.

Correct AnswerverifiedShow Answer

Which of the following is true regarding a signature on a document falling within the statute of frauds?

Correct AnswerverifiedShow Answer

When parties include a[n] ___________ clause in their contract, the parties are attempting to limit their ability to assign their rights under the contract.

Correct AnswerverifiedShow Answer

What do courts generally rule regarding ambiguous assignment language such as "I assign the contract"?

Correct AnswerverifiedShow Answer

When may a court rule that parol evidence may be admissible to further the court's understanding of an agreement?

Correct AnswerverifiedShow Answer

Which of the following is false regarding written contracts?

Correct AnswerverifiedShow Answer

A ___________ beneficiary is a third party that benefits from a contract in which the promisor agrees to pay the promisee's debt.

Correct AnswerverifiedShow Answer

Which of the following is needed in order to satisfy the UCC's requirement for a written document?

Correct AnswerverifiedShow Answer

A purpose of the statute of frauds is to prevent unreliable __________ evidence from interfering with a contractual relationship.

Correct AnswerverifiedShow Answer

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