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.
Read the first 7 Contracts flashcards as text
What is the legal effect of a valid accord and satisfaction on the original contract obligation?
Answer: It discharges the original duty upon performance of the accord
An accord is an agreement to accept substitute performance; satisfaction (actual performance of the accord) discharges the original contractual duty.
A party seeks rescission of a contract based on fraudulent misrepresentation. Which element distinguishes fraud from innocent misrepresentation?
Answer: The speaker's knowledge of falsity or reckless disregard for the truth (scienter)
Scienter—knowledge that the statement is false or reckless disregard as to its truth—is the element that elevates a misrepresentation to fraudulent misrepresentation.
Under Kansas law, an agreement in restraint of trade (non-compete) is enforceable only if it is:
Answer: Ancillary to a legitimate business purpose and reasonable in time, geography, and scope
Kansas courts enforce non-compete agreements only if they are ancillary to an employment or sale-of-business contract and are reasonable in time, geographic scope, and type of activity restricted.
When a contract is discharged by novation, what happens to the original promisor's obligation?
Answer: It is extinguished and the new party substitutes as the sole obligor
A novation replaces an original party with a new one with the obligee's consent, completely releasing the original promisor from the obligation.
Which of the following BEST describes the 'battle of the forms' problem addressed by UCC § 2-207?
Answer: Conflicting or additional terms in acceptance or confirmation forms sent between merchants
UCC § 2-207 addresses the common commercial situation where an acceptance or written confirmation contains terms that differ from or add to the offer, providing rules for which terms become part of the contract.
A buyer of real estate discovers that the seller knew of hidden structural defects and said nothing. Kansas courts would most likely apply which doctrine to void the contract?
Answer: Fraudulent concealment
Fraudulent concealment—actively hiding known material facts—can render a contract voidable; Kansas recognizes a seller's duty to disclose material defects not reasonably discoverable by the buyer.
Which of the following is the BEST example of adequate consideration supporting a contract?
Answer: A promise to forbear from exercising a legal right
A promise to forbear from asserting a valid legal right (such as dropping a lawsuit) constitutes legally sufficient consideration because it is a legal detriment to the promisor.