DE Bar Contracts and Sales 2

Question 1

A merchant sends a signed written offer to sell goods, stating it will remain open for 60 days. Under UCC Article 2, how long is the offer irrevocable without consideration?

Accepted Answer

60 days as stated

Answer

A merchant's signed firm offer under UCC 2-205 is irrevocable for the stated period, capped at three months, so a 60-day term is fully enforceable.

Question 2

A buyer accepts a seller's offer for goods but adds a term requiring arbitration. Both parties are merchants. Under UCC 2-207, the arbitration term becomes part of the contract unless which of the following occurs?

Accepted Answer

The offer expressly limits acceptance to its terms or the term materially alters the contract

Answer

Between merchants, additional terms enter the contract unless the offer limits acceptance, the term materially alters the deal, or the offeror timely objects.

Question 3

A homeowner promises to pay a painter $5,000 after the painter has already finished painting the house as a volunteer. Is the promise enforceable under traditional contract law?

Accepted Answer

No, because past consideration is not valid consideration

Answer

Past consideration cannot support a new promise because the bargained-for exchange element is missing.

Question 4

A seller repudiates a contract for the sale of widgets before the delivery date. Which remedy is NOT available to the buyer under the UCC?

Accepted Answer

Punitive damages for the repudiation

Answer

Punitive damages are generally unavailable for breach of contract, while cover, market damages, and specific performance for unique goods are all UCC remedies.

Question 5

An uncle promises his nephew $10,000 if the nephew refrains from drinking and gambling until age 21, and the nephew complies. Why is the nephew's forbearance valid consideration?

Accepted Answer

Giving up a legal right constitutes a bargained-for detriment

Answer

Forbearance from a legal right, as in Hamer v. Sidway, is a legal detriment that satisfies the consideration requirement.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Contracts and Sales 2