RI Bar Contracts 5

Question 1

A duty to perform under a contract may be delegated unless:

Accepted Answer

The obligee has a substantial interest in having the delegating party perform personally

Answer

The obligor gives notice to the obligee

Answer

Both parties are non-merchants

Answer

The contract involves the sale of goods

Question 2

The Statute of Frauds requires a writing for a contract that cannot be performed within one year of:

Accepted Answer

The date the contract is formed

Answer

The date the written contract is signed

Answer

The date the first performance is due

Answer

The date the contract is fully performed

Question 3

Specific performance is typically granted as a remedy when:

Accepted Answer

The subject matter is unique and money damages are inadequate

Answer

The breach is minor and easily calculable

Answer

Both parties are merchants under the UCC

Answer

The plaintiff has clean hands and seeks punitive relief

Question 4

An accord is an agreement to accept a substituted performance; satisfaction occurs when:

Accepted Answer

The substituted performance is actually rendered

Answer

The new agreement is signed by both parties

Answer

The original obligor is released by the creditor

Answer

The court approves the substitution

Question 5

Under Rhode Island law, a covenant not to compete in an employment contract is enforceable only if it is:

Accepted Answer

Reasonable in scope, geographic area, and duration

Answer

Unlimited in duration to protect trade secrets

Answer

Approved by the Rhode Island Department of Labor

Answer

Accompanied by a signing bonus

Question 6

When a contract is ambiguous, courts interpret it against the drafter under which doctrine?

Accepted Answer

Contra proferentem

Answer

Ejusdem generis

Answer

In pari delicto

Answer

Noscitur a sociis

Question 7

A promisee who assigns their contractual rights to a third party (assignee) transfers:

Accepted Answer

Only the right to receive performance from the obligor

Answer

All duties under the contract along with the rights

Answer

The right to modify the original contract

Answer

Liability for the assignor's prior breaches