CAS Bar CAS Bar Contracts and Commercial Law

Question 1

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

Accepted Answer

Offer, acceptance, and consideration

Answer

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

Question 2

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

Accepted Answer

Both A and C

Answer

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

Question 3

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

Accepted Answer

The contract is voidable at the option of the intoxicated party

Answer

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

Question 4

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

Accepted Answer

90 days

Answer

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

Question 5

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

Accepted Answer

Unconscionability

Answer

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

(CAS Bar) California State Bar Exam Practice Test