WA Bar Washington Contracts and Commercial Law 1 — Questions and Answers
Question 1: Washington has adopted the Uniform Commercial Code. Under UCC Article 2 as adopted in Washington, which type of contract does Article 2 govern?
- Contracts for services only
- Contracts for the sale of goods (Correct answer)
- All commercial contracts regardless of subject matter
- Contracts for the sale of real property
Correct answer: Contracts for the sale of goods
Washington's UCC Article 2 (RCW 62A.2) governs contracts for the sale of goods — tangible, movable items — and does not apply to service or real property contracts.
Question 2: Under Washington's UCC, when parties to a contract for goods have a dispute about a term they did not negotiate, which source fills the gap?
- The court invents a reasonable term
- UCC default rules (gap fillers) supply the missing term (Correct answer)
- The contract fails for indefiniteness
- The prior dealings of the parties exclusively control
Correct answer: UCC default rules (gap fillers) supply the missing term
Washington UCC Article 2 contains gap-filling provisions — such as the implied warranty of merchantability and default price/delivery terms — that supply missing terms to preserve contracts.
Question 3: Under Washington common law, which element is NOT required for a valid contract?
- Offer
- Acceptance
- Consideration
- Written form (Correct answer)
Correct answer: Written form
Washington common law requires offer, acceptance, and consideration for a valid contract; most contracts do not require written form unless the Statute of Frauds applies.
Question 4: Under Washington's Statute of Frauds (RCW 19.36.010), which of the following contracts MUST be in writing to be enforceable?
- Contracts for the sale of goods worth less than $500
- Contracts that cannot be performed within one year from the date of formation (Correct answer)
- Employment contracts for any duration
- Partnership agreements between two parties
Correct answer: Contracts that cannot be performed within one year from the date of formation
RCW 19.36.010 requires a written memorandum for contracts not performable within one year of their making, among other specified categories.
Question 5: Under Washington contract law, the 'mailbox rule' provides that acceptance of an offer is effective:
- When the offeror actually receives the acceptance
- When the acceptance is properly dispatched (mailed) by the offeree (Correct answer)
- When the offeree signs the acceptance letter
- When the offeror opens and reads the acceptance
Correct answer: When the acceptance is properly dispatched (mailed) by the offeree
Washington follows the mailbox rule — acceptance is effective upon proper dispatch, not upon receipt, provided the offeree uses an authorized means of communication.
Question 6: Washington has adopted the Uniform Electronic Transactions Act (UETA). Under UETA, an electronic signature:
- Is never valid for real property transactions
- Has the same legal effect as a handwritten signature when the parties agree to conduct business electronically (Correct answer)
- Requires government certification to be enforceable
- Only applies to consumer contracts
Correct answer: Has the same legal effect as a handwritten signature when the parties agree to conduct business electronically
Under RCW 19.360 (UETA), an electronic signature has the same legal force as a handwritten signature when parties agree — by conduct or expressly — to transact electronically.
WA Bar Washington Contracts and Commercial Law 1
Washington has adopted the Uniform Commercial Code.
Under UCC Article 2 as adopted in Washington, which type of contract does Article 2 govern?