MA Bar Contracts 2

Question 1

Which doctrine allows a court to fill in missing contract terms based on what the parties would have agreed to?

Accepted Answer

Gap-filling by implication

Answer

Parol evidence rule

Answer

Unconscionability doctrine

Answer

Accord and satisfaction

Question 2

The parol evidence rule generally bars introduction of prior or contemporaneous oral agreements that:

Accepted Answer

Contradict or vary the terms of a fully integrated written contract

Answer

Explain ambiguous written terms

Answer

Show fraud in the inducement

Answer

Establish a condition precedent

Question 3

A contract is void for mutual mistake when:

Accepted Answer

Both parties were mistaken about a basic assumption that materially affects the bargain

Answer

Only the plaintiff was mistaken about a material fact

Answer

The seller failed to disclose a known defect

Answer

The contract terms are ambiguous

Question 4

Under Massachusetts law, what was the primary change made by the 2018 Non-Compete Agreement Act?

Accepted Answer

It imposed new requirements including a writing requirement, garden leave or other consideration, and limits on duration

Answer

It banned all non-competes in Massachusetts

Answer

It eliminated the geographic scope requirement

Answer

It only applies to executives earning over $250,000

Question 5

Which of the following is the correct measure of expectation damages for breach of contract?

Accepted Answer

Benefit of the bargain — what the plaintiff would have received had the contract been performed

Answer

Cost of restoring the breaching party's position

Answer

Amount the non-breaching party spent in reliance

Answer

The greater of reliance or restitution

Question 6

An anticipatory repudiation occurs when a contracting party:

Accepted Answer

Unequivocally announces before the performance date that they will not perform

Answer

Fails to perform on the due date

Answer

Requests an extension of time to perform

Answer

Delivers defective goods