RI Bar Contracts 3

Question 1

Which element distinguishes a bilateral contract from a unilateral contract?

Accepted Answer

Whether the offeree accepts by promise or by performance

Answer

The number of parties involved

Answer

Whether consideration must be monetary

Answer

Whether the contract is written or oral

Question 2

Under the mailbox rule, acceptance of a contract offer is effective when:

Accepted Answer

The acceptance is properly dispatched

Answer

The offeror receives the acceptance

Answer

The offeree sends a written confirmation

Answer

The offeror acknowledges receipt

Question 3

A seller ships non-conforming goods to a buyer with a note saying the shipment is offered as an accommodation. This is best characterized as:

Accepted Answer

A counteroffer only

Answer

Acceptance and breach

Answer

Rejection of the offer

Answer

An accord and satisfaction

Question 4

Which common law doctrine allows a court to fill in missing essential terms based on the parties' reasonable expectations?

Accepted Answer

Gap-filling

Answer

The parol evidence rule

Answer

The statute of frauds

Answer

Promissory estoppel

Question 5

An employee's promise to remain employed for one additional year in exchange for an employer's promise of a bonus is supported by consideration because:

Accepted Answer

The employee had no prior legal duty to remain

Answer

Continued employment is always good consideration

Answer

The bonus exceeds minimum wage requirements

Answer

The promise is in writing

Question 6

The doctrine of impossibility of performance excuses a contractual duty when performance becomes impossible due to:

Accepted Answer

An event whose non-occurrence was a basic assumption of the contract

Answer

The promisor's financial hardship

Answer

Rising costs making performance unprofitable

Answer

A unilateral mistake by one party

Question 7

Which of the following is NOT a required element for formation of a valid contract?

Accepted Answer

Written memorialization

Answer

Offer

Answer

Acceptance

Answer

Consideration