DE Bar Contracts and Sales 3

Question 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?

Accepted Answer

Promissory estoppel

Answer

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

Question 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?

Accepted Answer

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

Answer

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.

Question 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?

Accepted Answer

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

Answer

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

Question 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?

Accepted Answer

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

Answer

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

Question 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?

Accepted Answer

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

Answer

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

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Contracts and Sales 3