MN Bar Contracts and Commercial Law 1

Question 1

Under Minnesota contract law, which element is NOT required to form a valid contract?

Accepted Answer

Written documentation

Answer

Minnesota follows the common law rule that contracts can be oral or written unless a statute (such as the Statute of Frauds) requires writing.

Question 2

Under the UCC as adopted in Minnesota, a merchant's firm offer to buy or sell goods is irrevocable for up to how long even without consideration?

Accepted Answer

90 days

Answer

Under Minn. Stat. § 336.2-205, a merchant's signed, written firm offer is irrevocable for the stated time or, if none stated, a reasonable time not exceeding three months.

Question 3

In Minnesota, which doctrine allows a court to enforce a promise that was reasonably relied upon even without consideration?

Accepted Answer

Promissory estoppel

Answer

Promissory estoppel under Restatement § 90, adopted in Minnesota, enforces a promise when the promisor reasonably expects reliance and injustice can only be avoided by enforcement.

Question 4

Under the Minnesota UCC, a contract for the sale of goods at $500 or more must generally be in writing to be enforceable under the Statute of Frauds UNLESS:

Accepted Answer

The goods are specially manufactured

Answer

Under Minn. Stat. § 336.2-201(3)(a), specially manufactured goods not suitable for sale to others in the ordinary course of business are an exception to the Statute of Frauds.

Question 5

In Minnesota, what is the standard remedy for breach of contract?

Accepted Answer

Expectation damages

Answer

Minnesota courts award expectation damages to place the non-breaching party in the position they would have been in had the contract been performed.

MN Bar - Minnesota Bar Exam Practice Test

MN Bar - Minnesota Bar Exam Practice Test

MN Bar Contracts and Commercial Law 1