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Contracts Flashcards

7 cards from real KS BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. Under the UCC, a merchant's firm offer is irrevocable without consideration for up to how long?

    Answer: 3 months

    UCC § 2-205 makes a signed, written firm offer by a merchant irrevocable for the stated time or, if no time is stated, for a reasonable time not exceeding three months.

  2. Which doctrine allows a court to refuse enforcement of a contract term that is oppressively one-sided and results from unequal bargaining power?

    Answer: Unconscionability

    Unconscionability under UCC § 2-302 and the Restatement (Second) § 208 allows a court to refuse to enforce or limit an unconscionable contract or clause.

  3. A contractor begins performance on a unilateral contract after the offeror attempts to revoke. What is the legal effect?

    Answer: Revocation is ineffective once performance has begun

    Under the Restatement (Second) § 45, once the offeree begins performance on a unilateral contract, the offeror's power to revoke is suspended.

  4. When a court applies the 'reasonable expectations' doctrine to an ambiguous contract term, whose expectations control?

    Answer: The objectively reasonable expectations of the weaker party

    The reasonable expectations doctrine, especially in adhesion contracts, protects the objectively reasonable expectations of the non-drafting party.

  5. Under Kansas law, which statute of frauds category requires a writing for a contract for the sale of goods priced at $500 or more?

    Answer: KSA 84-2-201 (UCC Article 2)

    KSA 84-2-201 mirrors UCC § 2-201 and requires a writing for sale of goods contracts valued at $500 or more.

  6. What is the effect of a 'no oral modification' clause when parties nonetheless orally agree to modify a contract?

    Answer: Under common law, the oral modification may be effective despite the clause

    At common law, parties can orally modify a written contract even with a no-oral-modification clause because each modification is itself a new agreement; the UCC also allows waiver to override such clauses.

  7. In an anticipatory repudiation scenario, when may the non-breaching party treat the contract as immediately breached?

    Answer: Immediately upon a clear and unequivocal statement of non-performance

    Anticipatory repudiation occurs when a party unequivocally declares before the performance date that it will not perform, entitling the other party to treat the contract as immediately breached.