WV Bar Contracts and UCC 1 — Questions and Answers
Question 1: Under the West Virginia UCC, a merchant's firm offer is irrevocable for up to:
- 30 days
- 60 days
- 90 days (Correct answer)
- 180 days
Correct answer: 90 days
UCC § 2-205 makes a written firm offer by a merchant irrevocable for the period stated, but in no event for longer than three months (90 days).
Question 2: Under the common law mirror image rule, a purported acceptance that adds new terms is treated as:
- A valid acceptance
- A counteroffer (Correct answer)
- A void agreement
- An invitation to negotiate
Correct answer: A counteroffer
At common law, an acceptance must mirror the offer exactly; any deviation constitutes a rejection and counteroffer rather than an acceptance.
Question 3: Under UCC Article 2, the statute of frauds requires a writing for contracts for the sale of goods valued at:
- $500 or more (Correct answer)
- $1,000 or more
- $2,500 or more
- $5,000 or more
Correct answer: $500 or more
UCC § 2-201 requires a writing for contracts for the sale of goods for the price of $500 or more to be enforceable.
Question 4: Which defense allows a party to avoid a contract because of an unfair bargaining process such as high-pressure tactics against a vulnerable party?
- Impossibility
- Unconscionability (Correct answer)
- Frustration of purpose
- Mistake
Correct answer: Unconscionability
Unconscionability doctrine allows courts to refuse enforcement of contracts that are procedurally or substantively oppressive, especially against unsophisticated parties.
Question 5: In West Virginia, the parol evidence rule generally bars evidence of prior agreements that:
- Were made after the written contract
- Contradict the terms of a fully integrated written contract (Correct answer)
- Explain ambiguous contract terms
- Establish a course of dealing
Correct answer: Contradict the terms of a fully integrated written contract
The parol evidence rule prohibits introduction of prior or contemporaneous oral or written agreements that contradict the terms of a fully integrated written contract.
Question 6: An agreement that lacks consideration is generally:
- Voidable
- Void
- Unenforceable (Correct answer)
- Valid but illusory
Correct answer: Unenforceable
A contract lacking consideration is unenforceable because consideration is an essential element of a binding contract under West Virginia common law.
WV Bar Contracts and UCC 1
Under the West Virginia UCC, a merchant's firm offer is irrevocable for up to: