FREE KS Bar Contracts Questions and Answers
Which doctrine allows a party to recover damages for work performed under an unenforceable contract if the party has conferred a benefit on the other party?
Quantum meruit is a legal doctrine that allows a party to recover damages for work performed under an unenforceable contract or in the absence of a contract, based on the value of the benefit conferred to the other party. It ensures that a party is compensated for the value of their performance.
What are the essential elements required to form a valid contract?
The essential elements required to form a valid contract are offer, acceptance, consideration, and mutual assent (often referred to as a "meeting of the minds"). These elements ensure that both parties agree to the terms and intend to be bound by the contract.
What type of contract is formed when one party makes a promise in exchange for the performance of an act by another party?
A unilateral contract is formed when one party makes a promise in exchange for the performance of an act by another party. For example, a reward contract where one promises to pay for the return of lost property is a unilateral contract because the promise is contingent on the performance of the act (returning the property).
Which of the following is a valid defense to the enforcement of a contract?
A contract that is based on an illegal purpose is not enforceable. Contracts must have a lawful objective and not violate public policy or statutes to be valid and enforceable.
What is the legal effect of a material breach of contract?
A material breach of contract allows the non-breaching party to seek damages and terminate the contract. A material breach is a significant failure to perform that undermines the contract's purpose and justifies legal remedies or termination of the agreement.