CAS Bar Contracts and Commercial Law Flashcards

Under the California Bar Exam, which of the following is required for a valid contract?

Answer: Offer, acceptance, and consideration

A valid contract requires offer, acceptance, and consideration—the three core elements tested on the California Bar Exam.

Under California law, the statute of frauds requires a written contract for which of the following?

Answer: Both A and C

California's statute of frauds (Civil Code §1624) requires writing for both real property sales and goods over $500 under the UCC.

A party seeks to enforce a contract where the other party was intoxicated at signing. Under California law, what is the most likely result?

Answer: The contract is voidable at the option of the intoxicated party

Contracts made by intoxicated persons are voidable, not void, allowing the intoxicated party to disaffirm upon regaining capacity.

Under UCC Article 2 as adopted in California, a merchant's firm offer is irrevocable for how long without consideration?

Answer: 90 days

Under UCC §2-205, a merchant's written firm offer is irrevocable for the stated period, but not to exceed 90 days.

Which doctrine allows a court to refuse enforcement of a contract whose terms are oppressively one-sided?

Answer: Unconscionability

Unconscionability (Cal. Civ. Code §1670.5) permits courts to refuse enforcement of contracts or clauses that are oppressively one-sided.

In California, the parol evidence rule generally prevents admission of prior oral agreements to:

Answer: Contradict the terms of a fully integrated written contract

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