KS Bar Contracts 2

Question 1

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

Accepted Answer

3 months

Answer

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.

Question 2

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

Accepted Answer

Unconscionability

Answer

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

Question 3

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

Accepted Answer

Revocation is ineffective once performance has begun

Answer

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

Question 4

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

Accepted Answer

The objectively reasonable expectations of the weaker party

Answer

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

Question 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?

Accepted Answer

KSA 84-2-201 (UCC Article 2)

Answer

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

(KS Bar) Kansas Bar Exam Practice Test

(KS Bar) Kansas Bar Exam Practice Test

KS Bar Contracts 2