MT Bar Contracts 3

Question 1

Under Montana law, a contract for the sale of goods is governed primarily by:

Accepted Answer

Montana UCC Article 2 (MCA Title 30, Chapter 2)

Answer

Montana has adopted UCC Article 2 (MCA Title 30, Chapter 2), which governs contracts for the sale of goods; common law applies to service contracts.

Question 2

In Montana, the doctrine of impossibility of performance excuses a party's contractual obligation when:

Accepted Answer

The subject matter is destroyed without fault of either party

Answer

Montana recognizes impossibility as an excuse when an unforeseen event, such as destruction of the subject matter, makes performance objectively impossible without the fault of either party.

Question 3

A contract between an adult and a minor in Montana is:

Accepted Answer

Voidable only by the minor

Answer

In Montana, a minor's contract is voidable at the minor's election but the adult party is bound; the minor may disaffirm until majority or within a reasonable time thereafter.

Question 4

Under Montana contract law, which of the following is an example of an output contract?

Accepted Answer

A seller agrees to sell all goods it produces to a single buyer

Answer

An output contract is one in which the seller agrees to sell all of its output to one buyer; a requirements contract is when the buyer agrees to buy all its requirements from one seller.

Question 5

In Montana, specific performance is typically awarded in breach of contract cases involving:

Accepted Answer

Sale of unique real property or rare personal property

Answer

Montana courts grant specific performance when the subject matter is unique, such as real property or rare items, because monetary damages are an inadequate remedy.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Contracts 3