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

Under 13 Pa. C.S. § 2205, a written, signed firm offer by a merchant is irrevocable for the time stated or, if no time is stated, for a reasonable time not to exceed three months.

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

Pennsylvania follows the general rule that damages for breach of a construction or service contract are the lesser of the cost of completion or the diminution in market value, preventing economic waste.

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

Pennsylvania courts fill gaps in contracts either through UCC gap-filler provisions for goods or through common law implication of reasonable terms when the parties clearly intended a binding agreement.

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

Anticipatory repudiation requires a clear and unequivocal statement or conduct by one party before performance is due indicating that it will not perform its obligations.

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

Pennsylvania's economic loss doctrine holds that a plaintiff cannot recover in tort for purely economic losses unaccompanied by physical injury or property damage when the losses are the subject of a contract.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Contracts 2