ID Bar Contracts 2

Question 1

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

Accepted Answer

Anticipatory repudiation

Answer

Anticipatory repudiation is a breach doctrine, not a formation defense — duress, undue influence, and mutual mistake all go to defects in the contracting process.

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

The parol evidence rule bars introduction of prior or contemporaneous extrinsic evidence to contradict or vary the terms of a final, integrated written agreement.

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

Anticipatory repudiation occurs when a party clearly indicates before the performance date that it will not perform its contractual obligations.

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

Impossibility (objective inability to perform) and frustration of purpose (principal purpose has been destroyed by an unforeseen event) are recognized excuses for nonperformance.

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

Expectation damages — the standard contract remedy — aim to place the non-breaching party in the position it would have occupied had the contract been fully performed.

ID Bar - Idaho Bar Exam Practice Test

ID Bar - Idaho Bar Exam Practice Test

ID Bar Contracts 2