Question 1

A donee beneficiary is a type of incidental beneficiary.

Accepted Answer

Donee beneficiaries are third parties who benefit from a contract in which a promisor agrees to give a gift to the third party.

Question 2

Contracts related to an interest in land fall within the statute of frauds.

Accepted Answer

Contracts involving an interest in land fall within the statute of frauds.

Question 3

In ___________ the English Parliament passed the Act for the Prevention of Frauds and Perjuries.

Accepted Answer

The idea of requiring that certain contracts be in writing comes from the English "Act for the Prevention of Frauds and Perjuries," passed in 1677.

Question 4

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

Accepted Answer

Donee beneficiaries are third parties who benefit from a contract in which a promisor agrees to give a gift to the third party.

Question 5

In order for an assignment to be valid, an assignee must agree to accept the assigned rights.

Accepted Answer

In order for an assignment to be valid, an assignee must agree to accept the assigned rights.

Question 6

Whenever a written agreement under the statute of frauds contains a serious and obvious typographical error, parol evidence is admissible to demonstrate that the error was indeed an error, as well as to set forth the proper term.

Accepted Answer

Whenever a written agreement under the statute of frauds contains a serious, and obvious, typographical error, parol evidence is admissible to demonstrate that the typo was a typo, as well as to set forth the proper term.

Question 7

When a court deems a contract integrated, parol evidence is generally admissible.

Accepted Answer

When the courts deem a contract integrated, unless an exception applies, parol evidence is inadmissible.

Question 8

In some states a promise to pay a debt that has already been discharged in bankruptcy must be in writing in order to be enforceable.

Accepted Answer

In some states, a promise to pay a debt that has already been discharged because of bankruptcy must be in writing in order to be enforceable.

Question 9

Which of the following is false regarding written contracts?

Accepted Answer

Only specific types of contracts fall within the statute of frauds and thus are required to be evidenced in writing.

Question 10

The parol evidence rule prevents parties from introducing oral evidence of an agreement involving early release in a criminal case because such agreements must be in writing.

Accepted Answer

The parol evidence rule states that oral evidence of an agreement made prior to or contemporaneously with a written agreement is inadmissible when the parties intend to have the written agreement be the complete and final version of their agreement.

Question 11

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

When ambiguous language is used, the court considers that the assignor has assigned his rights, as well as delegated any duties he had under the contract.

Question 12

There is federal U.S. legislation titled "Statute of Frauds".

Accepted Answer

In the United States, the term statute of frauds is somewhat misleading, because there is no federal statute of frauds; rather, such legislation exists at the state level, with the exception of Louisiana.

Question 13

Since its inception, English courts have expanded the number of cases falling within their statute of frauds.

Accepted Answer

The English have severely limited the number of cases falling within their statute of frauds.

Question 14

An intended beneficiary is a third party to a contract whom the contracting parties intended to benefit directly from their contract.

Accepted Answer

An intended beneficiary is a third party to a contract whom the contracting parties intended to benefit directly from their contract.

Question 15

When the sale of goods is involved, under the UCC oral testimony can be used to establish the existence of a writing that has been lost.

Accepted Answer

Noteworthy under the UCC is that oral testimony can be elicited that establishes the existence of a writing that would meet the requirements under the statute of frauds.

Question 16

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

Accepted Answer

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

Question 17

There is no legally required wording to be used or forms to be filled out for assignments to be valid.

Accepted Answer

There is no legally required wording to be used or forms to be filled out for assignments to be valid.

Question 18

Under partial performance, if the buyer in an alleged contract for the sale of land has paid any portion of the sales price and either has begun to permanently improve the land or has taken possession of the land, the courts will consider the contract partially performed, and this partial performance will amount to proof of the contract.

Accepted Answer

Under partial performance, if the buyer in an alleged contract for the sale of land has paid any portion of the sales price and either has begun to permanently improve the land or has taken possession of the land, the courts will consider the contract partially performed, and this partial performance will amount to proof of the contract.

Question 19

If a contract's terms require that modification be in writing, oral modifications are inadmissible and unenforceable.

Accepted Answer

If the contract's terms require that modification be in writing, oral modifications are inadmissible and unenforceable

Question 20

Delegation of personal duties is generally permitted.

Accepted Answer

A type of duty that cannot be delegated in most cases is any duty of a personal nature.

Quiz 12: Reality of Assent

A donee beneficiary is a type of incidental beneficiary.

Contracts related to an interest in land fall within the statute of frauds.

In ___________ the English Parliament passed the Act for the Prevention of Frauds and Perjuries.

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

In order for an assignment to be valid, an assignee must agree to accept the assigned rights.

Whenever a written agreement under the statute of frauds contains a serious and obvious typographical error, parol evidence is admissible to demonstrate that the error was indeed an error, as well as to set forth the proper term.

When a court deems a contract integrated, parol evidence is generally admissible.

In some states a promise to pay a debt that has already been discharged in bankruptcy must be in writing in order to be enforceable.

Which of the following is false regarding written contracts?

The parol evidence rule prevents parties from introducing oral evidence of an agreement involving early release in a criminal case because such agreements must be in writing.

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.

There is federal U.S. legislation titled "Statute of Frauds".

Since its inception, English courts have expanded the number of cases falling within their statute of frauds.

An intended beneficiary is a third party to a contract whom the contracting parties intended to benefit directly from their contract.

When the sale of goods is involved, under the UCC oral testimony can be used to establish the existence of a writing that has been lost.

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

There is no legally required wording to be used or forms to be filled out for assignments to be valid.

If a contract's terms require that modification be in writing, oral modifications are inadmissible and unenforceable.

Delegation of personal duties is generally permitted.