NJ Bar Contracts and Commercial Law 2

Question 1

Under the mirror image rule applicable to common law contracts, an acceptance that changes any term of the offer is treated as what?

Accepted Answer

A counteroffer and rejection

Answer

A valid acceptance with the modification

Answer

A conditional acceptance

Answer

A binding contract on original terms

Question 2

Under UCC 2-207, the battle of the forms rule provides that additional terms in an acceptance between merchants become part of the contract unless what occurs?

Accepted Answer

The offer expressly limits acceptance to its terms, the terms materially alter the contract, or the offeror objects

Answer

Both parties are consumers

Answer

The goods are specialty items

Answer

The contract exceeds $10,000

Question 3

The measure of expectation damages in a breach of contract case is designed to put the non-breaching party in which position?

Accepted Answer

The position it would have been in had the contract been performed

Answer

The position it was in before contracting

Answer

A better position than before

Answer

The position of unjust enrichment avoidance

Question 4

Restitution damages in contract law are awarded to prevent what?

Accepted Answer

Unjust enrichment of the breaching party

Answer

Future breaches

Answer

Consequential losses

Answer

Emotional distress

Question 5

Under the doctrine of impossibility, a contract is discharged when performance becomes impossible due to which type of event?

Accepted Answer

Unforeseen supervening events that make performance objectively impossible

Answer

Economic downturns

Answer

A party's change of mind

Answer

Rising costs

Question 6

A third-party beneficiary who has an enforceable right under a contract is classified as which type of beneficiary?

Accepted Answer

Intended beneficiary

Answer

Incidental beneficiary

Answer

Contingent beneficiary

Answer

Donee creditor