AR Bar Contracts 2

Question 1

Under Arkansas law, which remedy seeks to return non-breaching parties to the position they were in before the contract was formed?

Accepted Answer

Restitution

Answer

Restitution is designed to restore the plaintiff to the pre-contract position by recovering the benefit conferred on the breaching party.

Question 2

In Arkansas, the parol evidence rule generally prevents introduction of prior oral agreements to:

Accepted Answer

Contradict the express terms of a fully integrated written contract

Answer

The parol evidence rule bars extrinsic evidence that contradicts the unambiguous terms of a fully integrated written contract.

Question 3

Under the Arkansas UCC, the perfect tender rule applies to contracts for the:

Accepted Answer

Sale of goods

Answer

The UCC's perfect tender rule applies to contracts for the sale of goods, allowing rejection if delivery deviates in any way.

Question 4

Which contract defense excuses performance in Arkansas when an unforeseen event makes performance impractical, not just more expensive?

Accepted Answer

Commercial impracticability

Answer

Commercial impracticability excuses performance when an unforeseeable event makes performance impractical, even if not literally impossible.

Question 5

Under Arkansas law, liquidated damages clauses are enforceable if they:

Accepted Answer

Represent a reasonable estimate of actual damages at the time of contracting

Answer

Liquidated damages are enforceable in Arkansas when they represent a reasonable forecast of actual harm and actual damages are difficult to estimate.

AR Bar - Arkansas Bar Test Practice Test