Contracts Flashcards

1
Q

This maintains the contractual relationship between the parties but revises their obligations. Novation or substituted contract?

A

Substituted contract

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2
Q

This releases one party to a contract while the other party accepts the performance or promised performance of a third party not originally part of the contract. Novation or substituted contract?

A

Novation

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3
Q

This is the prohibition of introducing oral evidence that contradicts a written contract. Parol evidence rule or statute of limitations?

A

Parol evidence rule

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4
Q

This will result in the discharge of a party’s obligation to perform as required under the original contract when there has been no performance by either party. Accord and satisfaction OR Mutual rescission

A

Both Accord and satisfaction AND Mutual rescission

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5
Q

A contract entered into with a minor is voidable by both parties. True or false?

A

False. Voidable by minor only.

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6
Q

The $500 minimum limit in statute of frauds applies to sale of goods and other types of contracts. True or false

A

False. Sale of goods only.

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7
Q

This is excluded/prohibited by the parol evidence rule. Prior and contemporaneous oral agreements OR subsequent oral agreements?

A

Prior and contemporaneous oral agreements

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8
Q

This specifies what damages a party will be entitled to upon a breach of contract by the other party. Liquidated damages or compensatory damages?

A

Liquidated damages

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9
Q

This renders the contract voidable. Fraud in the inducement or fraud in the execution?

A

Fraud in inducement

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10
Q

Which contract right is assignable, option contract rights or insurance policy rights?

A

Option contract rights

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11
Q

An assignor remains liable to the other party unless assignor obtains a release from that party: TRUE or FALSE?

A

TRUE

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12
Q

Consideration for a contract can be based on a prior, already completed act: TRUE or FALSE?

A

FALSE.

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13
Q

Under the common law statute of frauds, a contract to sell real estate is enforceable if which party at least signed a written memorandum of contract: SELLER or BUYER?

A

SELLER

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14
Q

Under the common law statute of frauds, if a seller has signed a written memorandum of contract, the buyer must also accept in writing: TRUE or FALSE?

A

FALSE. Buyer may accept in writing or orally.

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