OR Bar Contracts and Sales 2

Question 1

Which type of contract is governed by UCC Article 2 rather than common law?

Accepted Answer

A contract to sell 500 office chairs

Answer

UCC Article 2 governs contracts for the sale of goods, such as office chairs, not service or real property contracts.

Question 2

Tom offers to sell his car for $8,000. Sarah responds, 'I accept, but only if you include new tires.' This response is best characterized as:

Accepted Answer

A counteroffer that rejects Tom's original offer

Answer

Under the common law mirror image rule, any variance from the offer's terms operates as a rejection and counteroffer.

Question 3

A nephew promises to refrain from drinking alcohol for one year in exchange for his uncle's promise to pay $5,000. The nephew fully performs and the uncle refuses to pay. Is the uncle's promise enforceable?

Accepted Answer

Yes, because forbearing from a legal right is valid consideration

Answer

Forbearance from any legal right, including consumption of alcohol, constitutes valid consideration for a promise.

Question 4

Under the mailbox rule, an acceptance sent by mail is effective:

Accepted Answer

Upon proper dispatch by the offeree

Answer

The mailbox rule makes acceptance effective upon dispatch, forming a contract even before the offeror receives the acceptance.

Question 5

Under UCC §2-207, when both parties are merchants and the offeree's acceptance adds a term not in the offer, that term:

Accepted Answer

Becomes part of the contract unless it materially alters the agreement or is objected to

Answer

Between merchants, additional terms in an acceptance become part of the contract unless they materially alter it, the offer limits acceptance to its terms, or the offeror objects.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Contracts and Sales 2