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

Under the common law mirror image rule, an acceptance that differs in any material term from the offer operates as a rejection and counter-offer rather than an acceptance.

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

Promissory estoppel (detrimental reliance) allows enforcement of a promise without consideration when the promisor reasonably expected reliance, the promisee did rely, and injustice can only be avoided by enforcement.

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

Under UCC § 2-201, contracts for the sale of goods for $500 or more must be in a writing sufficient to indicate a contract was made and signed by the party against whom enforcement is sought.

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

Massachusetts enforces non-compete agreements only if they are reasonable in duration, geographic scope, and type of activity restricted, and are supported by consideration.

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

Restitution or reliance damages restore the non-breaching party to their pre-contract position by recovering what was conferred on the breaching party or costs incurred in reliance.

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar Contracts