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
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.
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.
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.
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.
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.
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.
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.