MT Bar Contracts

Question 1

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

Accepted Answer

Written form

Answer

Montana follows the common law rule that most contracts do not require a writing unless they fall within the Statute of Frauds.

Question 2

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

Accepted Answer

All of the above

Answer

Montana's Statute of Frauds (MCA § 28-2-903) requires writings for land sales, contracts not performable within one year, and UCC goods over $500.

Question 3

In Montana, a contract formed under duress is:

Accepted Answer

Voidable at the option of the aggrieved party

Answer

Under MCA § 28-2-402, a contract formed under duress is voidable, not void, at the election of the coerced party.

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

Montana courts enforce liquidated damages clauses only when actual damages were difficult to estimate and the amount is a reasonable pre-estimate of harm, not a penalty.

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

MCA § 30-2-302 (Montana UCC) gives courts power to refuse enforcement, limit application, or excise unconscionable clauses from contracts.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Contracts