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Contracts and Sales Flashcards

7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Contracts and Sales flashcards as text

  1. A general contractor uses a subcontractor's bid to win a project, but the subcontractor revokes before the contractor can accept. What doctrine best allows the contractor to enforce the bid?

    Answer: Promissory estoppel

    Under Drennan v. Star Paving, promissory estoppel binds a subcontractor whose bid the general contractor foreseeably and detrimentally relied upon.

  2. A seller delivers 100 units, but 10 are defective, under a single-delivery contract. The buyer wants to reject the entire shipment. Which UCC doctrine governs?

    Answer: The perfect tender rule, allowing rejection of the whole, part, or acceptance of any commercial units

    UCC 2-601's perfect tender rule lets the buyer reject all, accept all, or accept any commercial units when the tender fails to conform in any respect.

  3. A farmer contracts to sell crops from a specific field, but a flood destroys the entire field before harvest. What is the likely result?

    Answer: The farmer is excused under impracticability because identified goods were destroyed without fault

    When goods identified at contracting are destroyed without either party's fault, UCC 2-613 and impracticability principles excuse performance.

  4. A written contract states it is the complete and final agreement of the parties. The buyer offers testimony of a prior oral warranty. How should the court rule?

    Answer: Exclude the testimony because a fully integrated writing bars prior contradictory or supplemental terms

    The parol evidence rule bars evidence of prior agreements that contradict or supplement a fully integrated written contract.

  5. A debtor owes $10,000 on an undisputed, liquidated debt. The creditor agrees to accept $7,000 as full payment, and the debtor pays. May the creditor later sue for the remaining $3,000?

    Answer: Yes, because part payment of a liquidated debt is not consideration for discharging the balance

    Under the pre-existing duty rule, paying less than an undisputed liquidated debt provides no consideration to discharge the remainder.

  6. A buyer under an installment contract receives one non-conforming installment. When may the buyer cancel the entire contract?

    Answer: Only when the non-conformity substantially impairs the value of the whole contract

    UCC 2-612 permits cancellation of an installment contract only when a default substantially impairs the value of the whole contract.

  7. A minor purchases a car, uses it for six months, and then seeks to disaffirm the contract. What is the general common law result?

    Answer: The minor may disaffirm and recover payments, returning the car in its current condition

    A minor may disaffirm a contract for non-necessaries and generally need only return the goods in whatever condition they remain.