KS Bar Contracts 4

Question 1

When interpreting an ambiguous contract, courts apply the rule of 'contra proferentem.' What does this rule provide?

Accepted Answer

Ambiguities are resolved against the party who drafted the contract

Answer

Ambiguities are resolved in favor of the party who drafted the contract

Answer

The court must consult extrinsic evidence before interpreting the contract

Answer

The contract is void for uncertainty

Question 2

A subcontractor submits a bid that is used by a general contractor in preparing its own winning bid. The subcontractor then attempts to withdraw before a formal subcontract is signed. Under what theory may the general contractor recover?

Accepted Answer

Promissory estoppel

Answer

Accord and satisfaction

Answer

Unjust enrichment

Answer

Implied-in-fact contract

Question 3

Under the parol evidence rule, which type of evidence is ADMISSIBLE to explain or supplement a written contract that is only a partial integration?

Accepted Answer

Evidence of consistent additional terms not covered by the writing

Answer

Evidence of prior written agreements that contradict the writing

Answer

Evidence of prior oral agreements that contradict the writing

Answer

Evidence introduced to add a term expressly excluded from the writing

Question 4

Which of the following is a valid exception to the preexisting duty rule that would allow modification of a contract without new consideration?

Accepted Answer

Unanticipated circumstances make the original contract significantly more burdensome

Answer

The modification benefits only one party

Answer

The parties have a long-standing relationship

Answer

One party is a merchant under the UCC

Question 5

A third-party beneficiary's rights under a contract vest, making the contract irrevocable as to the beneficiary, when the beneficiary does which of the following?

Accepted Answer

Materially changes position in justifiable reliance on the contract, assents, or brings suit

Answer

Is identified by name in the contract

Answer

Receives notification of the contract from the promisor

Answer

Signs a separate acknowledgment of the benefit

Question 6

In Kansas, the general statute of limitations for breach of a written contract is:

Accepted Answer

5 years

Answer

2 years

Answer

3 years

Answer

6 years

Question 7

A seller delivers 95 out of 100 promised widgets. The buyer accepts them but later claims breach. What damages may the buyer recover under UCC Article 2?

Accepted Answer

The difference between the value of the goods as accepted and their value had they conformed to the contract

Answer

Full contract price refund

Answer

Only incidental damages for inspection costs

Answer

Nothing, because acceptance waives all claims