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

Common law's mirror image rule deems any variance in the acceptance a counteroffer that rejects the original offer.

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

UCC 2-207 allows contracts to form despite differing forms, but additional terms are excluded if the offer limits acceptance, terms materially alter it, or the offeror objects.

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

Expectation damages give the non-breaching party the benefit of its bargain by placing it where full performance would have left it.

Question 4

Restitution damages in contract law are awarded to prevent what?

Accepted Answer

Unjust enrichment of the breaching party

Answer

Restitution aims to disgorge any benefit conferred on the breaching party to prevent its unjust enrichment.

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

Impossibility excuses performance when an unforeseen supervening event renders the agreed-upon performance objectively impossible.

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar Contracts and Commercial Law 2