MA Bar Contracts

Question 1

Under the common law mirror image rule, an acceptance that varies the terms of an offer is treated as:

Accepted Answer

A counter-offer that rejects the original offer

Answer

A valid acceptance with modified terms

Answer

A binding contract on the offeror's terms

Answer

Void ab initio

Question 2

Which doctrine allows a court to enforce a promise even without consideration if the promisor should have expected the promisee to rely on the promise?

Accepted Answer

Promissory estoppel

Answer

Quasi-contract

Answer

Mutual mistake

Answer

Accord and satisfaction

Question 3

The Statute of Frauds requires contracts for the sale of goods valued at $500 or more to be:

Accepted Answer

In writing and signed by the party to be charged

Answer

Notarized

Answer

Witnessed by two parties

Answer

Filed with a government agency

Question 4

Under Massachusetts law, a covenant not to compete is enforceable only if it:

Accepted Answer

Is narrowly drawn as to time, geography, and scope of activity

Answer

Is unlimited in duration

Answer

Applies to all former employees universally

Answer

Is included in the employee handbook

Question 5

Which contract remedy places the non-breaching party in the position they were in before the contract was made?

Accepted Answer

Restitution/reliance damages

Answer

Expectation damages

Answer

Consequential damages

Answer

Specific performance

Question 6

Under the UCC, a merchant's firm offer is irrevocable without consideration for a period not exceeding:

Accepted Answer

90 days

Answer

30 days

Answer

60 days

Answer

180 days