WV Bar Contracts and UCC

Question 1

Under the West Virginia UCC, a merchant's firm offer is irrevocable for up to:

Accepted Answer

90 days

Answer

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:

Accepted Answer

A counteroffer

Answer

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:

Accepted Answer

$500 or more

Answer

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?

Accepted Answer

Unconscionability

Answer

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:

Accepted Answer

Contradict the terms of a fully integrated written contract

Answer

The parol evidence rule prohibits introduction of prior or contemporaneous oral or written agreements that contradict the terms of a fully integrated written contract.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Contracts and UCC