ND Bar Contracts and Commercial Law

Question 1

Under the UCC, a contract for the sale of goods worth $500 or more is unenforceable unless it is:

Accepted Answer

In writing and signed by the party against whom enforcement is sought

Answer

UCC § 2-201 requires a writing signed by the party to be charged for contracts involving goods of $500 or more to satisfy the Statute of Frauds.

Question 2

An offer is generally terminated by all of the following EXCEPT:

Accepted Answer

A counter-offer that matches the original terms exactly

Answer

A counter-offer that mirrors the original terms exactly operates as an acceptance, not a rejection, so it does not terminate the offer.

Question 3

Under common law, the mirror image rule requires that:

Accepted Answer

An acceptance must be identical in all material terms to the offer

Answer

The common law mirror image rule holds that an acceptance must be an unequivocal agreement to all the terms of the offer without any variation.

Question 4

Which of the following is NOT a required element of a valid contract?

Accepted Answer

Written documentation

Answer

Most contracts do not require a written form; offer, acceptance, and consideration are the core elements, with writing only required for specific contract types under the Statute of Frauds.

Question 5

A buyer and seller enter a contract for 100 widgets at $10 each. Before delivery, the seller informs the buyer she will not be delivering. This is best characterized as:

Accepted Answer

Anticipatory repudiation

Answer

When a party clearly communicates an intent not to perform before the performance is due, it constitutes anticipatory repudiation, entitling the other party to treat the contract as breached.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Contracts and Commercial Law