AL Bar Contracts 3

Question 1

Under UCC § 2-207, between merchants additional terms in an acceptance become part of the contract unless:

Accepted Answer

They are material alterations, the offer expressly limits acceptance, or the offeror objects timely

Answer

Between merchants, additional terms automatically become part of the contract unless they materially alter it, the offer limits acceptance, or the offeror timely objects.

Question 2

An assignment of contract rights is generally valid unless it:

Accepted Answer

Changes the obligor's duty, risk, or chance of receiving return performance

Answer

An assignment is ineffective if it materially changes the obligor's duty, burden, or risk, or reduces the chance of receiving counter-performance.

Question 3

Specific performance as a remedy for breach of contract is available when:

Accepted Answer

Monetary damages are inadequate because the subject matter is unique

Answer

Specific performance is an equitable remedy granted when money damages are inadequate, typically because the subject matter—such as real property—is unique.

Question 4

Under the doctrine of substantial performance, a party who has substantially but not perfectly performed:

Accepted Answer

May recover the contract price minus damages for the deficiency

Answer

A party who substantially performs in good faith can recover the contract price, subject to a deduction for the cost of correcting the deficiency.

Question 5

A third-party beneficiary's rights vest, preventing modification of the contract, when the beneficiary:

Accepted Answer

Learns of and assents to, materially relies on, or sues to enforce the contract

Answer

A third-party beneficiary's rights vest once they learn of and assent to the contract, detrimentally rely on it, or bring suit to enforce it.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Contracts 3