PA Bar Contracts 2

Question 1

Under Pennsylvania's adoption of UCC Article 2, a merchant's firm offer to buy or sell goods is irrevocable for up to how long without consideration?

Accepted Answer

3 months

Answer

30 days

Answer

6 months

Answer

1 year

Question 2

Pennsylvania courts measure damages for breach of a service contract primarily by:

Accepted Answer

The cost of completion or the diminution in market value, whichever is less

Answer

Always the cost of completion regardless of cost

Answer

Always the diminution in market value regardless of circumstances

Answer

The contract price minus any payments already made

Question 3

Under Pennsylvania law, which doctrine allows a court to supply a missing contract term when the parties intended to be bound but overlooked a gap?

Accepted Answer

Gap-filling under the UCC or common law implication

Answer

Mutual mistake rescission

Answer

Accord and satisfaction

Answer

Novation

Question 4

Under Pennsylvania law, an anticipatory repudiation occurs when a party:

Accepted Answer

Clearly and unequivocally indicates before the performance date that it will not perform

Answer

Fails to make an installment payment that is due

Answer

Requests a modification of the contract

Answer

Assigns its rights without consent

Question 5

Pennsylvania's economic loss doctrine generally bars tort claims for:

Accepted Answer

Pure economic losses in the absence of physical injury or property damage

Answer

Personal injury caused by a defective product

Answer

Fraudulent misrepresentation in a commercial transaction

Answer

Breach of fiduciary duty by a professional

Question 6

Under Pennsylvania law, the doctrine of impossibility of performance excuses a party's contractual obligation when:

Accepted Answer

An unforeseen event makes performance objectively impossible

Answer

Performance becomes more expensive than anticipated

Answer

The other party materially breaches first

Answer

The contract was oral and cannot be proven