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

Courts use gap-filling by implication—often drawing on trade usage, course of dealing, or UCC default rules—to supply missing terms the parties failed to address.

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

The parol evidence rule excludes extrinsic evidence of prior or contemporaneous agreements that would contradict or vary the terms of a fully integrated written contract.

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

Mutual mistake voids a contract when both parties shared a mistaken assumption about a basic fact existing at contract formation that materially affects the agreed exchange.

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

The 2018 Massachusetts Non-Compete Agreement Act requires non-competes to be in writing, provide garden leave pay or other mutually agreed consideration, and limits duration to one year.

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

Expectation damages give the non-breaching party the benefit of the bargain, putting them in the economic position they would have occupied had the contract been fully performed.

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar Contracts 2