QUESTION $1$

A$[$n$]\_\_\_\_\_\_$ is created when two parties enter into a contract with the intended end purpose of benefiting a third party.

Third$-$party beneficiary

Second$-$party beneficiary

First$-$party beneficiary

Void

Voidable

$1$ points

QUESTION $2$

A$[$n$]\_\_\_\_\_\_$ is a statement made in court, under oath, or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed, even though the contract was required to be in writing.

Admission

Submission

Deposition

Interrogatory

Confirmation

$1$ points

QUESTION $3$

A $\_\_\_\_\_\_$ clause is a clause parties include in a written agreement within the statute of frauds that states that the written agreement accurately reflects the final, complete version of the agreement.

Adhesion

Complete

Parole

Merger

Consolidation

$1$ points

QUESTION $4$

Under $\_\_\_\_\_\_,$ if the buyer in an alleged contract for the sale of land has paid any portion of the sale price, 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.

Substantial performance

Partial performance

Sales substantiation

The purchase proof rule

The sales proof rule

$1$ points

QUESTION $5$

Under the Uniform Commercial Code, contracts for the sale of goods totaling more than $\_\_\_\_\_\_$ must be in writing.

$$200$

$$300$

$$500$

$$600$

$$1,000$

$1$ points

QUESTION $6$

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

When a court determines that a written agreement represents a complete and final version of the agreement.

When a court determines that a written agreement does not represent a complete and final version of the agreement.

When a court determines that there is disagreement between the parties over performance of the agreement.

When a court determines that the plaintiff failed to do sufficient research to determine if signing the agreement was advisable.

When a court determines that either party failed to do sufficient research to determine if signing the agreement was advisable.

$1$ points

QUESTION $7$

Sally agrees to mow Paul's yard for $$300$ for the summer. Paul wishes to assign the contract to his grandmother. Sally objects because Paul's yard is very small while the grandmother's yard is over an acre. Which of the following is the correct legal outcome for the dispute between Sally and Paul?

Sally will win because Paul's attempted assignment would increase the duties to which she agreed.

Sally will win because all assignments are invalid without the obligor's consent.

Sally will win unless Paul paid her the $$300$ in advance in which case Paul will win.

Paul will win because he may validly assign the contract without Sally's consent.

Paul will win so long as he tells Sally about the assignment prior to the time she begins any performance whatsoever.

$1$ points

QUESTION $8$

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

Creditor

Donee

Incidental

Promised

Avowed

$1$ points

QUESTION $9$

A$[$n$]\_\_\_\_\_\_$ beneficiary is one who unintentionally gains a benefit from a contract between other parties.

Incidental

Creditor

Donee

Vested

Accidental

$1$ points

QUESTION $10$

Billy had a contract to paint Jan's house for $$800$ including the duty to clean up any debris. The contract between Billy and Jan did not contain an anti$-$assignment clause. Billy, who was very busy, assigned the contract, specifying that it included the right to receive the money and the duty to paint the house, to Richard who was interested in making some extra money and had experience painting. Billy did not tell Jan about the assignment because he did not want any trouble nor did Richard mention the assignment to her. In fact, Richard never met Jan because he painted while she was at work. After Richard did a good job painting the house, Jan sent a check to Billy for $$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.

What would be the likely result of a lawsuit bro