MO Bar Contracts and Commercial Law 3

Question 1

Under UCC Article 2, which implied warranty guarantees that goods are fit for their ordinary purposes?

Accepted Answer

Implied warranty of merchantability

Answer

The implied warranty of merchantability, applicable when the seller is a merchant, guarantees goods are fit for ordinary purposes for which such goods are used.

Question 2

Which doctrine binds a party to a promise they made, even without consideration, when another party reasonably relied on it to their detriment?

Accepted Answer

Promissory estoppel

Answer

Promissory estoppel enforces a promise when the promisor reasonably expected reliance, the promisee did rely, and injustice can only be avoided by enforcement.

Question 3

In a contract dispute, which party bears the burden of proving that a contract existed?

Accepted Answer

The plaintiff seeking enforcement

Answer

The party seeking to enforce the contract (typically the plaintiff) bears the burden of proving the existence and terms of the contract by a preponderance of the evidence.

Question 4

Under the parol evidence rule, which type of evidence is generally excluded when interpreting a fully integrated written contract?

Accepted Answer

Prior or contemporaneous oral agreements that vary the written terms

Answer

The parol evidence rule bars admission of prior or contemporaneous oral agreements that contradict or vary a fully integrated written contract.

Question 5

Which remedy allows recovery of the value of benefits conferred on a party who would otherwise be unjustly enriched, even without a valid contract?

Accepted Answer

Quasi-contract/restitution

Answer

Quasi-contract or restitution allows recovery of the value of benefits unjustly retained by one party at the expense of another, even absent a valid contract.

MO Bar - Missouri Bar Exam Practice Test

MO Bar - Missouri Bar Exam Practice Test

MO Bar Contracts and Commercial Law 3