CAS Bar CAS Bar Contracts and Commercial Law 4

Question 1

Under the UCC, when a merchant seller fails to specify a delivery term, the default rule is that delivery occurs:

Accepted Answer

At the seller's place of business

Answer

Under UCC § 2-308, absent a contrary agreement, the place for delivery is the seller's place of business or residence.

Question 2

A contract modification under common law requires:

Accepted Answer

Consideration for the modification to be enforceable

Answer

Under common law, a contract modification requires new consideration, unlike UCC contracts which only require good faith.

Question 3

Which doctrine allows a party to recover in quasi-contract when no valid contract exists but one party has been unjustly enriched?

Accepted Answer

Quantum meruit

Answer

Quantum meruit is the quasi-contractual remedy allowing recovery for the reasonable value of services rendered when no enforceable contract exists but one party would be unjustly enriched.

Question 4

Under UCC Article 2, a 'firm offer' made by a merchant is irrevocable for up to:

Accepted Answer

90 days

Answer

Under UCC § 2-205, a merchant's firm offer is irrevocable for the stated time, or if no time is stated, for a reasonable time not exceeding three months (90 days).

Question 5

When a buyer rightfully rejects non-conforming goods, which remedy is NOT available to the buyer?

Accepted Answer

Obtain specific performance

Answer

Specific performance is an equitable remedy generally available only when goods are unique or circumstances make other remedies inadequate; rightful rejection does not automatically entitle a buyer to specific performance.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS Bar Contracts and Commercial Law 4