FYLSX Contracts Formation & Enforcement 4

Question 1

Under the UCC's battle of the forms (§ 2-207), if both parties are merchants and the offeree's acceptance includes additional terms, those terms:

Accepted Answer

Become part of the contract unless they materially alter the offer or the offeror objects.

Answer

Under UCC § 2-207, additional (not different) terms in a merchant's acceptance become part of the contract unless they materially alter the offer, the offer expressly limits acceptance to its terms, or the offeror objects.

Question 2

Which of the following is an example of an illusory promise?

Accepted Answer

'I will buy all the widgets I want from you this year.'

Answer

A promise to buy 'all I want' is illusory because the promisor retains complete discretion to want nothing, making the promise unenforceable for lack of real commitment.

Question 3

A contractor discovers unexpected bedrock while digging a foundation, tripling costs. The owner refuses to pay more than the contract price. Which defense is most applicable to the contractor?

Accepted Answer

Mutual mistake

Answer

When both parties were unaware of a material fact (hidden bedrock) at contract formation, the contractor may assert mutual mistake to seek rescission or modification.

Question 4

Lucy promises to give her friend a car 'someday when I feel like it.' This promise lacks enforceability primarily because of:

Accepted Answer

Indefiniteness of the essential terms

Answer

A promise conditioned entirely on the promisor's subjective future desire is too indefinite to constitute an enforceable offer because there is no objective standard to measure performance.

Question 5

Which of the following would satisfy the part-performance exception to the Statute of Frauds for a land contract?

Accepted Answer

The buyer pays part of the price, takes possession, and makes improvements.

Answer

Part performance for land contracts requires at least two of three elements—payment, possession, and improvements—to take the oral contract out of the Statute of Frauds.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Contracts Formation & Enforcement 4