UT Bar Contracts and Sales 3

Question 1

A famous portrait painter contracts to paint a client's portrait but dies before beginning the work. What is the effect on the contract?

Accepted Answer

The contract is discharged by impossibility because personal services by a unique performer cannot be delegated

Answer

Death of a party whose unique personal performance is essential discharges the contract through impossibility.

Question 2

A buyer contracts to purchase a rare vintage car. Before delivery, the seller sells the car to a third party who takes in good faith. What is the buyer's most likely remedy?

Accepted Answer

Money damages for breach, since the car is now in the hands of a good-faith purchaser

Answer

Specific performance is generally unavailable once unique goods pass to a good-faith purchaser, leaving the buyer to damages.

Question 3

A wholesaler and retailer exchange forms; the retailer's acceptance adds an arbitration clause. Both parties are merchants and neither form limits acceptance to its own terms. Under UCC 2-207, does the arbitration clause become part of the contract?

Accepted Answer

It becomes part of the contract unless it materially alters the agreement or is objected to

Answer

Between merchants, additional terms in an acceptance become part of the contract unless they materially alter it, the offer limits acceptance, or objection is made.

Question 4

An uncle promises his nephew $10,000 if the nephew refrains from smoking and drinking until age 25. The nephew complies fully. Is the uncle's promise supported by consideration?

Accepted Answer

Yes, because the nephew's forbearance of a legal right is valid consideration

Answer

Forbearance from exercising a legal right, as in Hamer v. Sidway, constitutes valid consideration regardless of benefit to the promisee.

Question 5

A contract requires a farmer to deliver 1,000 bushels of wheat 'from the farmer's north field.' A flood destroys the entire north field crop without the farmer's fault. What is the farmer's best defense to a breach claim?

Accepted Answer

Impracticability, because the agreed source of the goods was destroyed without fault

Answer

Destruction of the contractually specified source of goods without fault excuses performance under the doctrine of impracticability.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Contracts and Sales 3