MT Bar Contracts 2

Question 1

In Montana, the doctrine of promissory estoppel requires all of the following EXCEPT:

Accepted Answer

Written evidence of the promise

Answer

Montana's promissory estoppel doctrine (Restatement § 90) does not require a written promise; oral promises suffice if the other elements are met.

Question 2

Under Montana law, a material breach by one party to a contract:

Accepted Answer

Entitles the non-breaching party to suspend performance and sue for damages

Answer

A material breach discharges the non-breaching party's duty to perform and entitles that party to recover expectation damages.

Question 3

Which of the following is the correct measure of expectation damages in a Montana breach of contract case?

Accepted Answer

Benefit of the bargain (lost profits + consequential damages)

Answer

Expectation damages in Montana place the non-breaching party in the position they would have been in had the contract been performed, including lost profits and foreseeable consequential damages.

Question 4

Under Montana's UCC Article 2, a merchant's firm offer is irrevocable for a period not to exceed:

Accepted Answer

90 days

Answer

MCA § 30-2-205 provides that a merchant's written firm offer is irrevocable for the stated time or, if no time is stated, a reasonable time, but in no event longer than 90 days.

Question 5

The parol evidence rule in Montana prevents introduction of extrinsic evidence to:

Accepted Answer

Contradict or vary the terms of a fully integrated written agreement

Answer

Montana's parol evidence rule bars prior or contemporaneous extrinsic evidence offered to contradict or vary the terms of a fully integrated written agreement.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Contracts 2