SD Bar Contracts 2

Question 1

Under the Statute of Frauds, which of the following contracts must be in writing to be enforceable?

Accepted Answer

A contract for the sale of land

Answer

A contract for services completed in two weeks

Answer

An oral contract supported by full performance

Answer

A contract for the sale of goods under $500

Question 2

The parol evidence rule generally prevents the introduction of prior or contemporaneous oral agreements to:

Accepted Answer

Contradict or vary the terms of a fully integrated written contract

Answer

Explain an ambiguous term in a written contract

Answer

Show that a contract was induced by fraud

Answer

Establish a condition precedent to the written agreement

Question 3

Which doctrine allows a court to enforce a promise even without consideration when one party reasonably relied on the promise to their detriment?

Accepted Answer

Promissory estoppel

Answer

Quasi-contract

Answer

Accord and satisfaction

Answer

Novation

Question 4

When a contract is silent on a material term, courts will generally:

Accepted Answer

Supply a reasonable term based on the parties' intent and trade usage

Answer

Declare the contract void for indefiniteness

Answer

Require the parties to renegotiate all terms

Answer

Enforce the contract only if the gap relates to price

Question 5

Under UCC Article 2, the battle of the forms rule in § 2-207 provides that between merchants, additional terms in an acceptance:

Accepted Answer

Become part of the contract unless they materially alter it or the offeror objects

Answer

Are always rejected and the original offer controls

Answer

Require a signed written amendment to be effective

Answer

Must be accepted within a reasonable time to be incorporated

Question 6

Anticipatory repudiation occurs when a party to a contract:

Accepted Answer

Unambiguously indicates before the performance date that they will not perform

Answer

Fails to perform on the due date without excuse

Answer

Requests a modification of the contract terms

Answer

Performs in a substantially but imperfectly complete manner

Question 7

The expectation damages measure in contract law is designed to put the non-breaching party:

Accepted Answer

In the position they would have been in had the contract been fully performed

Answer

In the position they were in before the contract was formed

Answer

In the position to recover only out-of-pocket expenses

Answer

In the position to receive a windfall above the contract value