VA Bar Contracts and Sales 2

Question 1

Under UCC §2-207, when both parties are merchants and the acceptance contains additional terms, those terms:

Accepted Answer

Become part of the contract unless they materially alter it, the offer limits acceptance, or the offeror timely objects

Answer

Under UCC §2-207(2), between merchants, additional terms in an acceptance become part of the contract unless they materially alter the offer, the offer expressly limits acceptance, or the offeror objects within a reasonable time.

Question 2

Under the doctrine of promissory estoppel, a promise is enforceable without consideration when:

Accepted Answer

The promisee reasonably and foreseeably relied on the promise to their detriment

Answer

Promissory estoppel requires a clear promise, reasonable and foreseeable reliance by the promisee, and detrimental reliance that results in injustice if the promise is not enforced.

Question 3

A promise to deliver goods 'if I feel like it' is unenforceable because it is:

Accepted Answer

An illusory promise lacking as consideration

Answer

An illusory promise is unenforceable because the promisor retains complete discretion whether to perform, making the commitment meaningless as consideration.

Question 4

The pre-existing duty rule provides that promising to perform an existing legal obligation:

Accepted Answer

Is not valid consideration for a new or modified promise

Answer

Under the pre-existing duty rule, promising to do something you are already legally obligated to do provides no new consideration for a modification or new promise.

Question 5

Which of the following contracts is REQUIRED to be in writing under the Statute of Frauds?

Accepted Answer

An oral contract for the sale of land

Answer

Contracts for the transfer of any interest in real property must be in writing to be enforceable under the Statute of Frauds.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Contracts and Sales 2