NE Bar Contracts 2

Question 1

Sam agrees to mow Linda's lawn for $100, but Linda later refuses to pay. Sam's most straightforward remedy is:

Accepted Answer

Expectation damages equal to the contract price of $100

Answer

Expectation damages place the non-breaching party in the position they would have been in had the contract been performed, which here equals the promised $100.

Question 2

An anticipatory repudiation occurs when:

Accepted Answer

A party unequivocally indicates before the due date that it will not perform

Answer

Anticipatory repudiation is an unequivocal statement or conduct by a party before performance is due indicating it will not perform its contractual obligations.

Question 3

The parol evidence rule generally prohibits introduction of:

Accepted Answer

Prior or contemporaneous oral agreements that contradict a fully integrated written contract

Answer

The parol evidence rule bars evidence of prior or contemporaneous oral (or written) agreements that would vary or contradict the terms of a fully integrated written contract.

Question 4

Under which doctrine may a court refuse to enforce a contract whose terms are unreasonably favorable to one party and the other party had no meaningful choice?

Accepted Answer

Unconscionability

Answer

Unconscionability doctrine allows courts to refuse to enforce or to limit oppressive contract terms when there is both procedural and substantive unconscionability.

Question 5

Alice contracts to buy Bob's house. Before closing, a tornado destroys the house. Assuming risk of loss had not yet passed, which doctrine would most likely excuse Alice's obligation to perform?

Accepted Answer

Impossibility of performance

Answer

Impossibility of performance excuses a party's duties when an unexpected event makes performance objectively impossible, such as the destruction of the specific subject matter.

(NE Bar) Nebraska Bar Exam Practice Test

(NE Bar) Nebraska Bar Exam Practice Test

NE Bar Contracts 2