GA Bar Contracts and Sales 2

Question 1

Under UCC 2-207, when a non-merchant offeree's acceptance includes additional terms not in the offer, what happens to those additional terms?

Accepted Answer

A contract forms but the additional terms are mere proposals that do not automatically become part of the contract

Answer

Under UCC 2-207, between non-merchants, additional terms in an acceptance are treated as proposals to modify the contract and do not become part of it unless the offeror expressly agrees.

Question 2

A merchant's firm offer under UCC Article 2 is irrevocable without consideration for up to how long?

Accepted Answer

3 months

Answer

Under UCC 2-205, a merchant's signed written firm offer is irrevocable for the time stated or a reasonable time, not to exceed 3 months, without consideration.

Question 3

Past consideration as the basis for a new promise is generally:

Accepted Answer

Insufficient because it was not bargained for in exchange for the new promise

Answer

Past consideration fails because it predates the promise and was not given in exchange for it; the bargained-for exchange element of consideration is missing.

Question 4

An illusory promise fails as consideration because:

Accepted Answer

The promisor retains complete discretion to perform or not, creating no real obligation

Answer

An illusory promise is not valid consideration because the promisor is not actually bound to do anything, so there is no mutuality of obligation.

Question 5

Under the mailbox rule, an acceptance sent by mail is effective:

Accepted Answer

When the offeree deposits it in the mail using a reasonable means of communication

Answer

The mailbox rule makes acceptance effective upon dispatch, meaning a contract is formed at the moment the offeree sends the acceptance, before the offeror receives it.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Contracts and Sales 2