WV Bar Contracts and UCC 3

Question 1

Specific performance is generally available as a remedy when:

Accepted Answer

The contract involves unique goods or real property

Answer

Specific performance is an equitable remedy available when money damages are inadequate, typically for unique goods, real property, or other one-of-a-kind subject matter.

Question 2

Under West Virginia law, mutual mistake of fact allows rescission when both parties were mistaken about:

Accepted Answer

A basic assumption on which the contract was made

Answer

Mutual mistake permits rescission when both parties share an erroneous belief about a basic assumption of fact that materially affects the agreed exchange.

Question 3

Under UCC § 2-314, an implied warranty of merchantability requires that goods sold by a merchant be:

Accepted Answer

Fit for the ordinary purposes for which such goods are used

Answer

The implied warranty of merchantability guarantees that goods are fit for the ordinary purposes for which they are commonly used, not that they are perfect.

Question 4

The statute of limitations for breach of a written contract in West Virginia is:

Accepted Answer

Ten years

Answer

West Virginia Code § 55-2-6 provides a ten-year statute of limitations for actions on written contracts.

Question 5

An agreement to modify an existing common law contract requires:

Accepted Answer

New consideration

Answer

Under common law, a modification of an existing contract requires new consideration; unlike UCC contracts, oral modifications without consideration are unenforceable.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Contracts and UCC 3