OK Bar Performance 2

Question 1

A builder completes a house but installs the wrong brand of pipe, which is of equal quality and hidden in the walls. Under common law, what is the builder entitled to recover?

Accepted Answer

The contract price minus damages for the defect

Answer

Under the substantial performance doctrine, a builder who performs in good faith with only minor deviations recovers the contract price less damages caused by the defect.

Question 2

Under UCC Article 2, a buyer receives a delivery of goods that fails to conform to the contract in any respect. What may the buyer generally do?

Accepted Answer

Reject the whole, accept the whole, or accept any commercial unit and reject the rest

Answer

The UCC perfect tender rule lets a buyer reject the whole, accept the whole, or accept any commercial unit or units and reject the rest when goods fail to conform in any respect.

Question 3

A contract requires a homeowner to pay a painter 'upon completion of the job to the homeowner's satisfaction.' The painter finishes competently, but the homeowner honestly dislikes the color choice the homeowner approved earlier. For aesthetic satisfaction clauses, courts generally apply which standard?

Accepted Answer

A good-faith subjective standard of honest dissatisfaction

Answer

For contracts involving personal taste or aesthetics, satisfaction clauses are judged by a subjective good-faith standard, so honest dissatisfaction excuses payment.

Question 4

A seller tenders nonconforming goods before the contract delivery date, and the buyer rejects them. What is the seller's right under the UCC?

Accepted Answer

To cure by making a conforming delivery within the original contract time after seasonable notice

Answer

When the time for performance has not yet expired, the seller may seasonably notify the buyer of intent to cure and make a conforming delivery within the contract time.

Question 5

A contract states, 'Payment is due only if the shipment arrives by June 1.' The shipment arrives June 3 through no one's fault. What is the legal effect?

Accepted Answer

The express condition failed, so the payment duty never arose

Answer

Express conditions must be strictly satisfied, so failure of the condition discharges the duty it conditions regardless of fault or the delay's magnitude.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Performance 2