WV Bar Contracts and UCC 2

Question 1

The battle of the forms under UCC § 2-207 provides that additional terms in an acceptance between merchants become part of the contract unless they:

Accepted Answer

Materially alter the agreement

Answer

Differ slightly from the offer

Answer

Are included in the original offer

Answer

Are written rather than oral

Question 2

Which type of damages seeks to put the non-breaching party in the position they were in before the contract was made?

Accepted Answer

Reliance damages

Answer

Expectation damages

Answer

Consequential damages

Answer

Restitution damages

Question 3

Under West Virginia law, anticipatory repudiation occurs when a party:

Accepted Answer

Unambiguously indicates in advance it will not perform

Answer

Fails to perform on the due date

Answer

Requests a modification of contract terms

Answer

Delays performance without excuse

Question 4

An enforceable liquidated damages clause must represent:

Accepted Answer

A reasonable pre-estimate of actual damages difficult to calculate

Answer

A penalty designed to deter breach

Answer

The maximum possible damages recoverable

Answer

The breaching party's lost profits

Question 5

The doctrine of promissory estoppel may enforce a promise without consideration when the promisor:

Accepted Answer

Should have reasonably expected detrimental reliance by the promisee

Answer

Made the promise in writing

Answer

Received some nominal consideration

Answer

Made the promise before witnesses

Question 6

Under the UCC perfect tender rule, a buyer may reject goods that:

Accepted Answer

Fail to conform to the contract in any respect

Answer

Arrive one day late

Answer

Are slightly below market quality

Answer

Have minor cosmetic defects only