WA Bar Washington Contracts and Commercial Law 2

Question 1

Under Washington law, what is the measure of damages for breach of a contract for the sale of goods under UCC Article 2 when the seller breaches?

Accepted Answer

Cover damages (cost of substitute goods minus contract price) or market price minus contract price

Answer

Under RCW 62A.2-712 and 62A.2-713, a buyer whose seller breaches may recover the cost of cover (substitute goods) minus the contract price, or market price minus contract price if cover is not obtained.

Question 2

Under Washington's UCC, the implied warranty of merchantability applies to which seller?

Accepted Answer

Only sellers who are merchants with respect to goods of that kind

Answer

RCW 62A.2-314 provides the implied warranty of merchantability only when the seller is a 'merchant' — a person who regularly deals in goods of the kind or holds themselves out as having special knowledge of those goods.

Question 3

Under Washington common law, which doctrine allows a court to excuse non-performance when an unforeseeable event makes performance impossible?

Accepted Answer

Impracticability/impossibility of performance

Answer

Washington recognizes the impossibility/impracticability doctrine, excusing performance when an unforeseen supervening event destroys the basis of the contract and performance becomes objectively impossible or commercially impracticable.

Question 4

Under Washington's Consumer Protection Act (RCW 19.86), a private plaintiff seeking damages must prove which elements?

Accepted Answer

Unfair or deceptive act in trade/commerce, public interest impact, and injury to plaintiff's business or property

Answer

A Washington CPA private claim requires an unfair or deceptive act in trade or commerce, affecting the public interest, that caused injury to the plaintiff's business or property.

Question 5

In Washington, the doctrine of promissory estoppel allows enforcement of a promise without consideration when:

Accepted Answer

The promisor should have reasonably expected the promise to induce action, the promisee detrimentally relied, and injustice can only be avoided by enforcement

Answer

Washington courts apply promissory estoppel under Restatement §90 — a promise is enforceable without consideration when there is foreseeable and actual detrimental reliance and enforcement is necessary to avoid injustice.

WA Bar - Washington Bar Exam Practice Test

WA Bar - Washington Bar Exam Practice Test

WA Bar Washington Contracts and Commercial Law 2