Contracts and Commercial Law Flashcards
6 cards from real MO BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Contracts and Commercial Law flashcards as text
Under Missouri contract law, which element is NOT required for a valid contract?
Answer: Written documentation
A valid contract requires offer, acceptance, and consideration, but written documentation is generally not required unless the Statute of Frauds applies.
Under the UCC Article 2, which type of contract governs the sale of goods in Missouri?
Answer: Sales of goods contracts
UCC Article 2 governs contracts for the sale of goods—movable, tangible personal property—and has been adopted in Missouri.
Which doctrine allows a court to refuse enforcement of a contract that is oppressively one-sided?
Answer: Unconscionability
Unconscionability (both procedural and substantive) allows courts to refuse to enforce or limit application of oppressively unfair contract terms.
Under the mirror image rule applicable to common law contracts, an acceptance that varies the terms of the offer is treated as what?
Answer: A counteroffer and rejection
Under the common law mirror image rule, any acceptance that changes the terms of the offer operates as a counteroffer and rejection of the original offer.
In Missouri, which of the following contracts must be in writing to be enforceable under the Statute of Frauds?
Answer: Contracts for the sale of land
Missouri's Statute of Frauds requires contracts for the sale of real property to be in writing and signed by the party to be charged.
Which remedy places the non-breaching party in the position they would have occupied had the contract been fully performed?
Answer: Expectation damages
Expectation damages aim to give the non-breaching party the benefit of the bargain by putting them in as good a position as performance would have provided.