NY Bar Contracts and UCC

Question 1

Under common law, an offer is effectively revoked when:

Accepted Answer

The offeree learns of the revocation through any reliable source

Answer

Under common law, revocation is effective when the offeree receives it or learns of the revocation through a reliable source, such as hearing the offeror sold the item to someone else.

Question 2

Article 2 of the UCC applies to contracts for:

Accepted Answer

The sale of goods

Answer

UCC Article 2 governs contracts for the sale of goods, defined as movable tangible personal property, and does not apply to service contracts or real estate.

Question 3

Under the UCC's battle of the forms provision (§2-207), a definite and seasonable acceptance that adds new terms creates a contract, and the new terms:

Accepted Answer

Become part of the contract unless the offer expressly limits acceptance to its terms

Answer

Under UCC §2-207, additional terms in an acceptance become part of the contract between merchants unless the offer expressly limits acceptance to its own terms, the terms materially alter the offer, or the offeror objects within a reasonable time.

Question 4

The doctrine of promissory estoppel allows enforcement of a promise without consideration when:

Accepted Answer

The promisee reasonably relied on the promise to their detriment

Answer

Promissory estoppel requires a clear promise, reasonable and foreseeable reliance, actual reliance causing detriment, and enforcement necessary to avoid injustice.

Question 5

Under common law, a modification of an existing contract requires:

Accepted Answer

New consideration

Answer

Common law requires new consideration to support a contract modification, unlike the UCC which allows modifications without new consideration if made in good faith.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Contracts and UCC