MT Bar Contracts

Question 1

Under Montana contract law, which element is NOT required for a valid contract?

Accepted Answer

Written form

Answer

Offer

Answer

Acceptance

Answer

Consideration

Question 2

Under Montana's Statute of Frauds, which contract MUST be in writing?

Accepted Answer

All of the above

Answer

A contract for the sale of goods over $500

Answer

A contract to be performed within one year

Answer

A contract for the sale of land

Question 3

In Montana, a contract formed under duress is:

Accepted Answer

Voidable at the option of the aggrieved party

Answer

Void ab initio

Answer

Enforceable if ratified by both parties

Answer

Valid unless economic duress is proven

Question 4

A Montana court will most likely enforce a liquidated damages clause when:

Accepted Answer

The amount is a reasonable forecast of actual harm

Answer

Actual damages are easily calculable

Answer

The clause penalizes breach to deter the other party

Answer

The breaching party agreed to it voluntarily

Question 5

Under Montana law, which doctrine allows a court to refuse enforcement of an unconscionable contract?

Accepted Answer

Unconscionability under MCA § 30-2-302

Answer

Frustration of purpose

Answer

Impossibility

Answer

Promissory estoppel

Question 6

When a Montana offeree sends an acceptance by mail after the offeror has already mailed a revocation, the contract is formed:

Accepted Answer

When the acceptance is deposited in the mail

Answer

When the revocation is received by the offeree

Answer

When the offeror receives the acceptance

Answer

No contract is formed because the offer was revoked