ID Bar Contracts 2

Question 1

Which of the following is NOT a recognized defense to contract formation?

Accepted Answer

Anticipatory repudiation

Answer

Duress

Answer

Undue influence

Answer

Mutual mistake

Question 2

Under the parol evidence rule, extrinsic evidence is generally inadmissible to:

Accepted Answer

Contradict or vary the terms of a final integrated written agreement

Answer

Explain ambiguous terms in a written contract

Answer

Show fraud in the inducement

Answer

Establish a condition precedent not mentioned in the writing

Question 3

When a party to a contract learns the other party will not perform before the performance date, this is called:

Accepted Answer

Anticipatory repudiation

Answer

Constructive eviction

Answer

Accord and satisfaction

Answer

Novation

Question 4

Under the common law, which of the following is an excuse for nonperformance based on an unforeseen event?

Accepted Answer

Impossibility or frustration of purpose

Answer

Substantial performance

Answer

Novation

Answer

Assignment

Question 5

Which of the following best describes expectation damages in a contracts context?

Accepted Answer

Damages that put the plaintiff in the position they would have been in had the contract been performed

Answer

Damages that return the plaintiff to their pre-contract position

Answer

Damages based on unjust enrichment of the defendant

Answer

Punitive damages for willful breach

Question 6

Under the Restatement (Second) of Contracts, a contract is voidable for mutual mistake when:

Accepted Answer

Both parties were mistaken about a basic assumption that materially affects the exchange

Answer

One party made a unilateral computational error

Answer

The price of goods changed after contract formation

Answer

The contract terms are ambiguous