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

The Statute of Frauds requires contracts for the sale of an interest in land to be evidenced by a signed writing to be enforceable.

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

The parol evidence rule bars extrinsic evidence offered to contradict or vary the terms of a fully integrated written contract.

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

Promissory estoppel (detrimental reliance) enforces a promise without consideration when the promisee reasonably and foreseeably relied on the promise to their detriment.

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

Courts prefer to save contracts by implying reasonable gap-filling terms derived from the parties' intent, course of dealing, and trade usage rather than voiding them.

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

Under UCC § 2-207(2), additional terms in a merchant's acceptance become part of the contract unless they materially alter it, the offer limits acceptance to its terms, or the offeror objects.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Contracts 2