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

Delegation is prohibited when the obligee has a substantial interest in personal performance, as in contracts involving unique skills, trust, or personal relationships.

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 one-year provision of the Statute of Frauds applies to contracts that cannot possibly be performed within one year from the date of their making.

Question 3

Specific performance is typically granted as a remedy when:

Accepted Answer

The subject matter is unique and money damages are inadequate

Answer

Courts grant specific performance only when the subject matter is unique (e.g., real estate, rare goods) and monetary damages cannot adequately compensate the non-breaching party.

Question 4

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

Accepted Answer

The substituted performance is actually rendered

Answer

Satisfaction is the actual performance of the accord; only after satisfaction is the original duty discharged.

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

Rhode Island courts enforce non-compete agreements only when they are reasonable in duration, geographic scope, and the interests they protect.

(RI Bar) Rhode Island Bar Exam Practice Test

(RI Bar) Rhode Island Bar Exam Practice Test

RI Bar Contracts 5