FL Bar Contracts 2

Question 1

When both parties to a contract are mistaken about a material fact at the time of contracting, the contract may be voided under which doctrine?

Accepted Answer

Mutual mistake

Answer

Mutual mistake as to a basic assumption on which the contract was made allows the adversely affected party to void the contract if the risk was not allocated to them.

Question 2

Under the UCC battle of the forms (§ 2-207), additional terms in an acceptance between merchants:

Accepted Answer

Become part of the contract unless materially altering it or the offeror objects

Answer

UCC § 2-207(2) provides that between merchants, additional terms in an acceptance automatically become part of the contract unless they materially alter it, the offer limits acceptance to its terms, or the offeror objects.

Question 3

A contract that is impossible to perform due to the unexpected destruction of the subject matter is discharged under which doctrine?

Accepted Answer

Objective impossibility

Answer

Objective impossibility discharges a contract when the specific subject matter necessary for performance is destroyed through no fault of either party.

Question 4

Which of the following is NOT a recognized exception to the Statute of Frauds for real property contracts in Florida?

Accepted Answer

Full payment of the purchase price alone

Answer

Under Florida law, full payment of the purchase price alone, without possession or improvements, is generally insufficient to remove a real property contract from the Statute of Frauds.

Question 5

Which type of third-party beneficiary has vested rights and can sue directly on the contract?

Accepted Answer

Intended beneficiary after vesting

Answer

An intended third-party beneficiary's rights vest upon their knowledge and reliance, or upon bringing suit, giving them a direct cause of action against the promisor.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Contracts 2