Question 1

A force of ambiguity can be used to alter, vary, or change the contract's meaning.

Accepted Answer

A) True 
 B)False

Question 2

According to the rule of interpretation, which of the following is true?

Accepted Answer

A)  Writing is interpreted as a whole, without undue attention to one clause. 
B)  Courts prefer the items in the order listed: course of dealing, usage of trade, express terms, and course of performance. 
C)  If an amount is given in words and figures that differ, the figures control. 
D)  Typing controls over writing; writing controls over printed forms. 
E)  Written contracts guarantee escape from disputes and litigation. 
A)  Writing is interpreted as a whole, without undue attention to one clause. 
B)  Courts prefer the items in the order listed: course of dealing, usage of trade, express terms, and course of performance. 
C)  If an amount is given in words and figures that differ, the figures control. 
D)  Typing controls over writing; writing controls over printed forms. 
E)  Written contracts guarantee escape from disputes and litigation.

Question 3

Which of the following is true with regard to the parol evidence rule?

Accepted Answer

A)  It applies only to the oral discussions that do not make it into the final written agreement. 
B)  The rule has no bearing on events that have transpired before the contract in dispute was signed. 
C)  The rule is concerned only about agreements reached subsequently that may alter the terms of an existing contract. 
D)  It does not negate all prior agreements or statements. 
E)  The rule applies only in cases where the parties never intended the written contract to be their full understanding and intend it to be partly oral. 
A)  It applies only to the oral discussions that do not make it into the final written agreement. 
B)  The rule has no bearing on events that have transpired before the contract in dispute was signed. 
C)  The rule is concerned only about agreements reached subsequently that may alter the terms of an existing contract. 
D)  It does not negate all prior agreements or statements. 
E)  The rule applies only in cases where the parties never intended the written contract to be their full understanding and intend it to be partly oral.

Question 4

According to the common law, which of the following would make a written contract incomplete?

Accepted Answer

A)  The words need not appear in a formal document so long as it is signed by both the parties. 
B)  The essential terms of promises to be performed must be written out; all details need not be. 
C)  If an essential term is missing, it cannot be enforced, unless it can be inferred by rule of law. 
D)  The parties must be named in the writing in a manner sufficient to identify them. 
E)  The consideration for the promise need not be stated in writing, even if it has already been given. 
A)  The words need not appear in a formal document so long as it is signed by both the parties. 
B)  The essential terms of promises to be performed must be written out; all details need not be. 
C)  If an essential term is missing, it cannot be enforced, unless it can be inferred by rule of law. 
D)  The parties must be named in the writing in a manner sufficient to identify them. 
E)  The consideration for the promise need not be stated in writing, even if it has already been given.

Question 5

The usage of trade is a _____.

Accepted Answer

A)  pattern of behavior between parties showing how they intend their relationship to work 
B)  systematic and uniform conduct in which parties engage after they enter into a contract 
C)  customary way of doing business that may be used to inform the parties' contractual intentions 
D)  promise to pay a debt which need not be in writing if the promisor was motivated by a desire for advantage or benefit 
E)  contract term stating that the written agreement contains the parties' full understanding and intent 
A)  pattern of behavior between parties showing how they intend their relationship to work 
B)  systematic and uniform conduct in which parties engage after they enter into a contract 
C)  customary way of doing business that may be used to inform the parties' contractual intentions 
D)  promise to pay a debt which need not be in writing if the promisor was motivated by a desire for advantage or benefit 
E)  contract term stating that the written agreement contains the parties' full understanding and intent

Question 6

The UCC provides that an oral contract for goods in excess of $350 will be upheld if payment has already been made and accepted.

Accepted Answer

A) True 
 B)False

Question 7

According to the main purpose doctrine, _____.

Accepted Answer

A)  a promise to pay the debt of another need not be writing to be enforceable if the promisor was motivated by a desire for advantage or benefit 
B)  there should be a pattern of behavior between parties showing how they intend their relationship to work 
C)  there should be a systematic and uniform conduct in which parties engage after they enter into a contract 
D)  the Statute of Frauds dispenses with a writing requirement when one party performs his or her part of the contract 
E)  if at its making, a contract could have been performed in one year, no writing is required 
A)  a promise to pay the debt of another need not be writing to be enforceable if the promisor was motivated by a desire for advantage or benefit 
B)  there should be a pattern of behavior between parties showing how they intend their relationship to work 
C)  there should be a systematic and uniform conduct in which parties engage after they enter into a contract 
D)  the Statute of Frauds dispenses with a writing requirement when one party performs his or her part of the contract 
E)  if at its making, a contract could have been performed in one year, no writing is required

Question 8

An integrated contract is _____.

Accepted Answer

A)  something that has to happen before the obligation to perform the contract ripens 
B)  a promise ancillary to an original promise 
C)  a customary way of doing business that may be used to inform the parties' contractual intentions 
D)  a contract that comprehends the parties' full understanding 
E)  an agreement after marriage between spouses concerning division or ownership of their property 
A)  something that has to happen before the obligation to perform the contract ripens 
B)  a promise ancillary to an original promise 
C)  a customary way of doing business that may be used to inform the parties' contractual intentions 
D)  a contract that comprehends the parties' full understanding 
E)  an agreement after marriage between spouses concerning division or ownership of their property

Question 9

For an agreement to be covered by the statute, there must have been an obligation before the decedent's death.

Accepted Answer

A) True 
 B)False

Question 10

Course of dealing is a systematic and uniform conduct in which parties engage after they enter into a contract.

Accepted Answer

A) True 
 B)False

Question 11

A clause that is separately negotiated and added to a contract will be counted as more significant than a standard term in a form contract.

Accepted Answer

A) True 
 B)False

Question 12

What are the benefits of written contracts over oral ones?

Accepted Answer

The benefits of a written contract over

Exam 13: Form and Meaning

A force of ambiguity can be used to alter, vary, or change the contract's meaning.

According to the rule of interpretation, which of the following is true?

Which of the following is true with regard to the parol evidence rule?

According to the common law, which of the following would make a written contract incomplete?

The usage of trade is a _____.

The UCC provides that an oral contract for goods in excess of $350 will be upheld if payment has already been made and accepted.

According to the main purpose doctrine, _____.

An integrated contract is _____.

For an agreement to be covered by the statute, there must have been an obligation before the decedent's death.

Course of dealing is a systematic and uniform conduct in which parties engage after they enter into a contract.

A clause that is separately negotiated and added to a contract will be counted as more significant than a standard term in a form contract.

What are the benefits of written contracts over oral ones?

Introduction to Law and Legal Systems

Corporate Social Responsibility and Business Ethics

Courts and the Legal Process

Constitutional Law and Us Commerce

Administrative Law

Criminal Law

Introduction to Tort Law

Introduction to Contract Law

The Agreement

Real Assent

Consideration

Legality

Third-Party Rights

Discharge of Obligations

Remedies

Products Liability

Intellectual Property

Insurance

Relationships Between Principal and Agent

Liability of Principal and Agent; Termination of Agency

Partnerships: General Characteristics and Formation

Partnership Operation and Termination

Hybrid Business Forms

Corporation: General Characteristics and Formation

Legal Aspects of Corporate Finance

Corporate Powers and Management

Securities Regulation

Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution

Employment Law

Labor-Management Relations

Consumer Credit Transactions

Secured Transactions and Suretyship

Mortgages and Nonconsensual Liens

Bankruptcy

Introduction to Property: Personal Property and Fixtures

Filters