BAR EXAM

Question 1

Define A quasi contract

Answer 1

A quasi contract is a legal obligation imposed by law to prevent unjust enrichment.

Question 2

specially manufactured good

Answer 2

specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business

Question 3

what intent must be present in order for a party to be legally bound to a contract?

Answer 3

present intent

Question 4

to have power to accept an offer…..

Answer 4

the oferee must have knowledge of the contract

Question 5

the contract must be certain and definite or…

Answer 5

the contract fails for indefiniteneness

Question 6

what the UUC aapliess___ fath as a contract term

Answer 6

good

Question 7

advertisements are genreally considered

Answer 7

invitations to deal, unless associated with a stated reward

Question 8

if an offeror dies during the period of an option contract

Answer 8

the offer remains open because the oferee paid consideration to keep the offer open.

Question 9

An offer genreally terminates upon death or mental incapacity of the offeror or the offeree

Answer 9

even if the oferee does not learn of the offerors death until after acceptance has been dispatched.

Question 10

An offer that becomes destroyed or illegal …

Answer 10

is terminted

Question 11

Revocation (Revoked)

Answer 11

the act of withdrawing an offer during contract negotiation

Question 12

Under the UCC a person receives notice of an offre when

Answer 12

(1) it comes to that persons attention
(2) it is duly delivered in a reasonable form at the place of business of held out as a place for receipt of such communication

Question 13

Constructive Revocation

Answer 13

when an ofereee knowns or has reason to know that the offeror has taken defninite action incnsistemnt with the offer

Question 14

An option (contract)

Answer 14

an indepenedent offer to keep an offer open for a specified period of time

Question 15

If a duration os not provided on a UCC firm offer, how long is it good for?

Answer 15

a reasonable time NTE 3 months

Question 16

what is the primary purpose of a UCC Firm Offer Rule signed writing?

Answer 16

to ensure that the merchant deliberately makes a current “firm offer” binding

Question 17

Promissory Estoppel (Detrimental reliance)

Answer 17

when the offerre reasonbly and etrimentally relies on the offeror’s promise prior to acceptance, the doctrine of promissory estoppel make make the offer irrevovable.

It must have been reasonebly forseeable that reliance would occur

Question 18

General Offer

Answer 18

made to a large number of people, generally through an advertisement

Can be revoked when given the saem level of publicity as the initial offer, even if the offeree is still acting in reliance on the offer

Question 19

when a party has actual knownledge of an intent to revoke, but did not see the “general offer” revocation…..

Answer 19

the revocation will stil be effective aginst taht party

Question 20

A counteroffer is both….

Answer 20

a rejection and a new offer

Question 21

Acceptance

Answer 21

an outward objective manifestation of a willingness to be bound bybthe terms of the offer.

Question 22

an offeree can only accept a unilateral contract after

Answer 22

the oferee has ben made aware of the contract. If the party acts, and completes the act yet was not aware of the offer…no contract

Question 23

How can an offeree accept an offer when teram are not stated by the offeror

Answer 23

in any reasonable manner and by any reasonable means

Question 24

Silence does not operate as acceptance unless

Answer 24

(1) the offeree believe silence is an acceptable means of acceptance and the offeree intends to accepts the offer through silence
(2) because of previous dealings or patterns of behavior it is reasonable to believe that the offeree must notify the offeror if the offeree intends NOT to accept the offer

Question 25

If the buyer requests that the goods be shipped

Answer 25

then the buyer’s request will be construed as inviting acceptance by the seller either by a promise to ship or by prompt shipment of conforming or nonconforming goods.

Question 26

If the seller ships nonconforming goods

Answer 26

then the shipment is both an acceptance of the offer and a breach of the contract. The seller is then liable for any damage caused to the buyer as a result of the breach.

Question 27

If, however, the seller “seasonably” notifies the buyer that the nonconforming goods are tendered as an accommodation, then ...

Answer 27

no acceptance has occurred, and no contract is formed. The accommodation is deemed a counteroffer, and the buyer may then either accept (thereby forming a contract) or reject (no contract formed).

Question 28

IAW the mailbox rule mailings must be

Answer 28

properly addressed and include correct postage

Question 29

IAW the mailbox rule acceptance is made

Answer 29

upon dispatch (and generally only applies to bolateral contracts as unilateral contracts require an act)

Question 30

If the offeree sends an acceptance and later sends a communication rejecting the offer,

Answer 30

then the acceptance will generally control even if the offeror receives the rejection first. .

Question 31

If, however, the offeror receives the rejection first and detrimentally relies on the rejection, then

Answer 31

the offeree will be estopped from enforcing the contract

Question 32

In a unilateral contract, an offeree is not required to give notice after performance is complete, unless he has reason to know that the offeror would not learn of performance within a reasonable time, or the offer requires notice. If notice is required but not provided, the offeror’s duty is discharged, unless:

Answer 32

i) The offeree exercises reasonable diligence to notify the offeror; ii) The offeror learns of performance within a reasonable time; or iii) The offer indicates that notification of acceptance is not required.

Question 32

A conditional acceptance of an offer ...

Answer 32

terminates the offer and acts as a new offer from the original offeree.

Question 33

The MBE has consistently Battle of the Forms in which both parties to the contract are merchants. In this situation, remember that a contract exists under the terms of the acceptance, unless ....

Answer 33

(i) the terms materially alter the agreement, (ii) the offer expressly limits the terms, or (iii) the has already objected or the offeror objects to the new terms within a reasonable time after notice of the new terms is received.

Question 34

Define “Materially Alters”

Answer 34

A term that results in surprise or hardship if incorporated without the express awareness by the other party thereby materially altering the original contract. Examples of terms found to have materially altered the original contract include a warranty disclaimer, a clause that flies in the face of trade usage with regard to quality, a requirement that complaints be made in an unreasonably short time period, and other terms that surprise or create hardship without express awareness by the other party. Terms that usually do not materially alter the contract include fixing reasonable times for bringing a complaint, setting reasonable interest for overdue invoices, and reasonably limiting remedies. UCC § 2-207 cmts. 4,5.

Question 35

quantum meruit /ˌkwän(t)əm ˈmerəwət/

Answer 35

a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.