1. Which of the following contracts is most likely governed by UCC Article 2?
An attorneys advice on an estate plan.
The sale of crops and timber growing on a property.
The purchase of a commercial building.
The sale of a patent.
2. A Washingt
1. B. UCC Article 2 applies to transactions in goods. See 2-102. Goods is defined in 2105(1) as including movables, crops and other identified things attached to realty that can be
removed from the realty without materially harming it. This describes crop
Statute of Frauds
1. Which of the following is true of the UCC Statute of Frauds?
(A) It codified common law rules of fraud.
(B) It requires that all contracts for the sale of goods be in writing and signed by the
parties to the contract.
(C) It does not
1. D. A contract may only be enforced against its signatories. Thus, if only one party signed a
contract, the contract is only enforceable by that party, although, the non-signatory party may still
assert the Statute of Frauds as a defense. (A) is incorre
1. Madison advertised for the submission of bids on the construction of a parking lot. Kilroy
submitted a bid of $112,000. There were nine other bids. Kilroys bid was $45,000 less than the
next lowest bid. The discrepancy was due to the omission o
1. C. A unilateral mistake may be grounds for avoidance if the other party had actual or
constructive knowledge of the error. Here, where the next lowest bid was almost 50% more,
Madison should probably have known. (A) is incorrect because there is probab
1. Carol Celebrity was walking through a public crowd when Fred Factum asked her for her
signature. Carol said, Sure, and Fred gave her a folded piece of paper to sign and a pen. Carol
signed her full name on a line on the paper and returned the paper to
1. B. Fraud in the execution (also called fraud in the factum) applies where a party is tricked into
unknowingly executing a contract. The contract is void. (A) is incorrect because fraud in the
inducement requires all the elements of fraud, which are not
1. Egan, a 17-year-old, contracted with Baker to purchase Bakers used computer for $400 for her
personal use. The agreement provided that Egan would pay $200 down on delivery and $200 thirty
days later. Egan took delivery and paid the $200 down payment. T
1. A. For contracts entered into as a minor, disaffirmation is effective within a reasonable time
period after reaching the age of majority. (B) is incorrect because there is not a requirement that the
disaffirmation be written. (C) is incorrect because d
1. A patient in a private hospital needed insulin immediately to treat her diabetes. The
hospital required her to sign a contract containing an exculpatory clause that relinquished
any right to sue for injuries that might develop from using the prescribed
1. B. This is the kind of situation described in Tunkl where the exculpatory clause would not be
2. D. This seems to me the classic case for applying reasonable expectations. It is true that the
farmer manifested his assent, but like most purcha
1. West, a California lawyer, incorrectly represented to Zimmer that he was admitted to
practice law in Kansas. There is a Kansas statute that regulates attorneys and requires all
attorneys to be admitted in the state and properly licensed. Zimmer
1. D. The contract was illegal and thus unenforceable because West was not admitted to
the Kansas bar nor properly licensed under Kansas state law. Since the contract is illegal
in order to protect the public, it is unlikely that a court would create an e
1. Wild Wendy was the daughter of Paul and Paula from Hicktown, Washington. She moved to
New York City immediately after graduating from Pow Dunk College. Her parents kept hoping
she would return to Hicktown, where all the family lived. To facilitate such
1. C. Even more so than the facts of Kirksey, this does not sound like a bargained-for
consideration. The parents said we hope, and we plan, which is not a lot a commitment. (A)
is not right because they probably did not bargain for her performance when t
1. At a popular ski resort named Sugar Mountain, a snowboarder named Nancy Negligent went
over a jump and hit a skier, Carl Careful, in the head. Carl was rendered unconscious by the blow.
30 seconds, later Don Doctor, a local radiologist, skied by. One o
1. C. A recovery in restitution (quasi-contract) requires that the P have a reasonable expectation of
compensation. Here, that would be a question of fact, because Don Doctor knew Susan Safety and
may have participated as a mere volunteer without an expec
1. Sarah Sailor owned two sailboats, a 32 footer and a 37 footer. Bill Buyer had sailed with Sarah
on the 37-foot sailboat but was not aware of the existence of the smaller sailboat. Sarah offered
in writing to sell my sailboat to Bill fo
1. B. If one party is aware of the meaning attached by the other party, and does not inform the
other party, the contract will generally be enforced against the aware party. See Restatement 20.
(A) is not the best answer because while it is true, Sarah kn
1. Base Electric Co. entered into an agreement to buy its actual requirements of copper wiring for
six months from the Seymour Metal Wire Company. Seymour Metal has agreed to sell all the
copper wiring Base will require for six months. Which of the follow
1. D. This is a contract with the quantity measured by the requirements of the buyer. See UCC 2306. Requirement contracts are valid and enforceable without specifying a particular quantity as
long as there is a reasonable basis for measuring the quantity;
1. Calvin Poultry Co. offered to sell Chickenshop 20,000 pounds of chicken at 40 cents per pound
under specified delivery terms. Chickenshop sent the following response and Calvin did not object
We accept your offer for 20,000 pounds of chicken at
1. D. Chickenshop sent a definite and seasonable expression of acceptance with an additional term.
Under 2-207(1), a contract was formed and under 2-207(2), the additional term is a proposal.
Between merchants, which we can deduce these parties are, the a
1. Sarah Student was a third-year law student who had just purchased the Rigos MBE Review
program. She was studying in the law library and decided to take a short refreshment break. When
she returned to her study desk ten minutes later, her Rigos MBE Revi
1. A.The offeror, Sarah, was bargaining for a unilateral contract in which acceptance is only
rendered by performance of the act requested. B is incorrect because the offeror was not
bargaining for acceptance by a return promise. C. is not correct because
December 11, 2000, 1-4 PM
USE NUMBERS ONLY
Directions: This is an open book examination. You may use your fac-pac and any handouts Ive
given you, the drafting book, Selected Source Materials, your own not
1. Is this agreement enforceable even though it is oral? The contract is for a car, which is goods,
and therefore the UCC applies. Under 2-201, a contract for the sale of goods for $500 or more
must be evidenced b
December 9, 1999
USE NUMBERS ONLY
Directions: This is an open book examination. You may use your casefile materials and any
handouts Ive given you, your drafting materials, Selections for Contracts, your
Note that a construction contract is not governed by the UCC.
1. Impracticability. Seller is in breach unless its nonperformance is excused. Seller will claim
that it was unable to perform because of impracticability the