MO Bar Contracts and Commercial Law

Question 1

Under Missouri contract law, which element is NOT required for a valid contract?

Accepted Answer

Written documentation

Answer

A valid contract requires offer, acceptance, and consideration, but written documentation is generally not required unless the Statute of Frauds applies.

Question 2

Under the UCC Article 2, which type of contract governs the sale of goods in Missouri?

Accepted Answer

Sales of goods contracts

Answer

UCC Article 2 governs contracts for the sale of goods—movable, tangible personal property—and has been adopted in Missouri.

Question 3

Which doctrine allows a court to refuse enforcement of a contract that is oppressively one-sided?

Accepted Answer

Unconscionability

Answer

Unconscionability (both procedural and substantive) allows courts to refuse to enforce or limit application of oppressively unfair contract terms.

Question 4

Under the mirror image rule applicable to common law contracts, an acceptance that varies the terms of the offer is treated as what?

Accepted Answer

A counteroffer and rejection

Answer

Under the common law mirror image rule, any acceptance that changes the terms of the offer operates as a counteroffer and rejection of the original offer.

Question 5

In Missouri, which of the following contracts must be in writing to be enforceable under the Statute of Frauds?

Accepted Answer

Contracts for the sale of land

Answer

Missouri's Statute of Frauds requires contracts for the sale of real property to be in writing and signed by the party to be charged.

MO Bar - Missouri Bar Exam Practice Test

MO Bar - Missouri Bar Exam Practice Test

MO Bar Contracts and Commercial Law