Contracts and Uniform Commercial Code Flashcards
7 cards from real KY 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 and Uniform Commercial Code flashcards as text
Two merchants exchange forms: the buyer's purchase order is silent on arbitration, and the seller's acknowledgment adds an arbitration clause that materially alters the deal. Both perform. Is arbitration part of the contract?
Answer: No, because between merchants a material alteration does not become part of the contract
Under UCC § 2-207, additional terms between merchants drop out if they materially alter the agreement.
A homeowner promises to pay a landscaper $2,000 for work the landscaper already completed voluntarily last month. The homeowner later refuses to pay. Is the promise enforceable?
Answer: No, because past consideration is not valid consideration
A promise made in exchange for services already performed lacks bargained-for consideration.
A seller contracts to deliver goods "F.O.B. seller's warehouse, Lexington." The goods are destroyed in transit through no fault of either party. Who bears the loss?
Answer: The buyer, because risk of loss passed when the goods were delivered to the carrier
In a shipment contract (F.O.B. seller's location), risk of loss passes to the buyer when the seller duly delivers the goods to the carrier.
A minor purchases a car, drives it for six months, then disaffirms the contract and returns the damaged car. In most jurisdictions, what may the minor recover?
Answer: The full purchase price, because a minor may disaffirm and need only return what remains
Under the majority rule, a disaffirming minor must only return the goods in their current condition and may recover the price paid.
A wholesaler repudiates a contract to buy 1,000 units at $50 each. The seller resells the units in a commercially reasonable private sale for $40 each after notifying the buyer. What are the seller's damages?
Answer: $10,000, the difference between contract price and resale price, plus incidental damages
UCC § 2-706 gives a seller who properly resells the contract-resale price differential plus incidental damages.
A landowner promises a charity $50,000 for a new library wing. Relying on the pledge, the charity signs binding construction contracts. The landowner revokes. What is the charity's best theory?
Answer: Promissory estoppel, because the charity foreseeably and detrimentally relied on the pledge
Promissory estoppel enforces a promise when the promisor should expect reliance and the promisee detrimentally relies.
A contract requires a farmer to deliver crops "from the farmer's north field." A flood destroys the entire north field before harvest. What is the farmer's position?
Answer: Performance is excused by impracticability because the agreed source of supply was destroyed
Destruction of a specifically identified source of supply excuses performance under impracticability doctrine and UCC § 2-615.
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