GA Bar Multistate Essay 2 — Questions and Answers
Question 1: Under the UCC, a merchant's written confirmation of an oral contract sent to another merchant binds the recipient unless objection is made within:
- 10 days of receipt
- 30 days of receipt (Correct answer)
- A reasonable time
- No time — the recipient is never bound
Correct answer: 30 days of receipt
Under UCC § 2-201(2), a merchant's written confirmation binds the receiving merchant unless written objection is sent within 10 days of receipt.
Question 2: On the MEE, when analyzing a contracts issue involving a common-law contract, the parol evidence rule bars introduction of prior or contemporaneous oral agreements that:
- Add consistent additional terms to an integrated agreement
- Contradict the terms of a fully integrated written contract (Correct answer)
- Explain an ambiguous term in the written contract
- Show that a condition precedent was not satisfied
Correct answer: Contradict the terms of a fully integrated written contract
The parol evidence rule bars extrinsic evidence only to contradict (not to explain ambiguity or show conditions) a fully integrated written agreement.
Question 3: Under FRE 404(b), evidence of a defendant's prior bad acts is admissible to prove:
- Propensity to commit the charged crime
- Identity, motive, intent, or absence of mistake (Correct answer)
- Character for untruthfulness
- Nothing — prior bad acts are categorically excluded
Correct answer: Identity, motive, intent, or absence of mistake
FRE 404(b)(2) allows prior bad act evidence for non-propensity purposes such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.
Question 4: Under FRE 803(6), a business record is admissible as a hearsay exception only if it was made:
- By an owner of the business at the time of the transaction
- At or near the time of the event by someone with knowledge, in the course of a regularly conducted activity (Correct answer)
- By a government employee and authenticated by a public official
- Within 72 hours of the event it records
Correct answer: At or near the time of the event by someone with knowledge, in the course of a regularly conducted activity
The business records exception requires a record made at or near the time of the event by a person with knowledge as part of a regularly conducted business activity.
Question 5: In an MEE contracts question, which doctrine allows a court to fill in a missing price term in an otherwise enforceable contract for the sale of goods?
- The doctrine of indefiniteness
- The UCC gap-filler imposing a reasonable price at delivery (Correct answer)
- Quantum meruit recovery only
- The common-law mirror image rule
Correct answer: The UCC gap-filler imposing a reasonable price at delivery
UCC § 2-305 permits courts to supply a reasonable price at the time of delivery when parties have not agreed on price but intended to form a contract.
Question 6: Under the majority rule, which of the following satisfies the writing requirement for a contract modifying an existing written contract that originally satisfied the statute of frauds?
- An oral modification is always sufficient regardless of subject matter
- A writing signed by the party to be charged reflecting the modification (Correct answer)
- A unilateral email from the party seeking to enforce the modification
- Only a notarized instrument
Correct answer: A writing signed by the party to be charged reflecting the modification
Under the majority common-law rule, a modification to a contract within the statute of frauds must itself satisfy the statute with a signed writing.
Question 7: FRE 615 (sequestration of witnesses) does NOT apply to which of the following persons?
- An eyewitness called by the prosecution
- A party who is a natural person or a designated officer of an entity party (Correct answer)
- A fact witness who has already been deposed
- A co-defendant who will later testify
Correct answer: A party who is a natural person or a designated officer of an entity party
FRE 615 exempts a party who is a natural person, a designated representative of an organizational party, or a person whose presence is essential to counsel.
GA Bar Multistate Essay 2
Under the UCC, a merchant's written confirmation of an oral contract sent to another merchant binds the recipient unless objection is made within: