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  1. Browse decks
  2. Bar Exam — MBE Core Doctrine
  3. Contracts and Sales (UCC Article 2)
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Bar Exam — MBE Core Doctrine

Majority and common-law rules tested on the Multistate Bar Examination, with the Federal Rules of Evidence and Civil Procedure where they govern. One topic per MBE subject, weighted to follow the NCBE subject matter outline. Rule statements, elements and defences — the recall layer that multiple-choice questions are built on.

Law
NShared by Nadia Osei
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Contracts and Sales (UCC Article 2)

Common-law contract doctrine alongside Article 2 of the Uniform Commercial Code for sales of goods. Weighted the way the NCBE outline is: about half formation and performance-breach-discharge, with roughly a quarter of the material turning on Article 2.

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Content

48 total questions

MCQ: 11
Fill-in: 10
Flashcards: 15
Pair match: 12
Contracts and Sales (UCC Article 2) – Flashcards
Flashcards

Card #1

When does UCC Article 2 apply instead of the common law?

Card #2

The elements of a valid offer

Card #3

The mirror image rule and the battle of the forms

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Contracts and Sales (UCC Article 2) – MCQ
Multiple Choice Questions
  1. 1. A homeowner contracts with a builder for a kitchen renovation in which materials account for roughly half the price. Which body of law governs the agreement?

    • The common law of contracts, because the predominant purpose of the agreement is the provision of services
    • UCC Article 2, because goods make up a substantial part of the contract price
    • Both bodies of law simultaneously, each governing its own portion of the contract
    • UCC Article 2, because a renovation necessarily involves movable goods
  2. 2. A merchant buyer sends a purchase order and the merchant seller replies with an acknowledgement adding an arbitration clause. Under Article 2, the additional term:

    • Becomes part of the contract unless it materially alters it, the offer limited acceptance to its terms, or the offeror objects within a reasonable time
    • Prevents a contract from forming, because the acceptance does not mirror the offer
    • Is always excluded, because arbitration clauses must be separately signed to bind a buyer
    • Becomes part of the contract only if the buyer expressly agrees to it in a signed writing
  3. 3. A contractor encounters unexpected subsurface rock and the owner agrees to pay an additional sum for the same scope of work. At common law, this modification is:

    • Unenforceable for want of consideration, unless the difficulty was genuinely unforeseen and the additional payment is fair
    • Always enforceable, because the parties agreed to it in good faith
    • Unenforceable in every circumstance under the pre-existing duty rule
    • Enforceable only if it is reduced to a signed writing
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Contracts and Sales (UCC Article 2) – Fill-in-the-blank
Fill in the Blank
  1. 1. A bargained-for exchange of legal value is called ___.

    Answer:consideration

    Hint: One word

  2. 2. Under Article 2, a contract modification requires only ___ faith and no new consideration.

    Answer:good

    Hint: One word

  3. 3. Contracts for the sale of goods priced at $500 or more must satisfy the Statute of ___.

    Answer:Fraudsalso: frauds, Fraud, fraud

    Hint: The writing requirement

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Contracts and Sales (UCC Article 2) – Pair match
Pair Match
Offer↔Manifestation of present willingness to bargain on reasonably certain terms
Consideration↔Bargained-for exchange of legal value
Promissory estoppel↔Enforcement of a promise that reasonably induced detrimental reliance
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