Consideration
Consideration Contracts and UCC Article 2 Contracts and UCC Article 2 Consideration Complete Contracts and UCC Article 2 List Contracts and UCC Article 2This topic appears in the UBE 2026 Rules Library master list under...
Results for “Consideration”
Formation / Consideration and Promissory Estoppel
Contracts Consideration and Promissory Estoppel Formation Formation / Consideration and Promissory Estoppel Formation Consideration and Promissory Estoppel Formation / Consideration and Promissory Estoppel
A merchant furniture manufacturer sent a signed email to a hotel stating, "We offer to sell 200 desks for $500 each....
A merchant furniture manufacturer sent a signed email to a hotel stating, "We offer to sell 200 desks for $500 each. This offer will remain open for six months." The hotel paid nothing for the promise to keep the offe...
Citations: UCC 2-205, NCBE MBE Subject Matter Outline, Contracts, NCBE NextGen UBE Content Scope, Contracts
A baker wanted to buy a warehouse for a new commercial kitchen. The owner signed a writing granting the baker the exc...
...an offer open or pledge money is enforceable. This essay tests option consideration, UCC firm offers, charitable pledges, and reliance-based enforcement. Restatement (Second) of Contracts 25, Restatement (Second) of Cont...
Citations: Restatement (Second) of Contracts 25, Restatement (Second) of Contracts 87, Restatement (Second) of Contracts 90, UCC 2-205
A bicyclist was injured when a delivery van brushed against him. The delivery company denied fault, but the bicyclist...
...n refused to pay. Analyze whether each promise is enforceable despite consideration objections. This essay tests forbearance, settlement consideration, part payment of liquidated debts, past consideration, and material b...
Citations: Restatement (Second) of Contracts 71, Restatement (Second) of Contracts 73, Restatement (Second) of Contracts 74, Restatement (Second) of Contracts 86
A chef planned to launch a food-truck business. Her friend, a graphic designer, had a full-time job at a marketing fi...
...o use the designs. Analyze whether the chef's promise is supported by consideration. Discuss bargained-for exchange, adequacy of consideration, conditional gifts, and any illusory-promise issue. This essay tests bargaine...
Citations: Restatement (Second) of Contracts 71, Restatement (Second) of Contracts 79, Restatement (Second) of Contracts 77, NCBE NextGen UBE Content Scope, Contracts
A consulting firm emailed a specialist, "We will hire you for our Denver project starting July 1. Move by then and we...
...refused to reimburse him. The firm argues that the specialist gave no consideration because he had not yet performed consulting work. Which statement is most accurate? The best answer states the promissory-estoppel eleme...
Citations: Restatement (Second) of Contracts 90, NCBE NextGen UBE Content Scope, Contracts
A customer slipped near a grocery-store freezer and injured her wrist. The store denied fault, but the customer had a...
...omer might not have proven negligence. Which statement best describes consideration for the settlement? The best answer applies the rule that compromise or forbearance of a doubtful claim can supply consideration. Restat...
Citations: Restatement (Second) of Contracts 74, NCBE NextGen UBE Content Scope, Contracts
A homeowner contracted with a painter to paint a house for $9,000. After starting, the painter realized that paint pr...
A homeowner contracted with a painter to paint a house for $9,000. After starting, the painter realized that paint prices had increased in the ordinary course of business and refused to continue unless the homeowner p...
Citations: Restatement (Second) of Contracts 73, NCBE MBE Subject Matter Outline, Contracts
A landowner hired an excavator to prepare a building pad for a fixed price. After work began, the excavator discovere...
A landowner hired an excavator to prepare a building pad for a fixed price. After work began, the excavator discovered an abandoned concrete foundation several feet below the surface. Neither party knew of it, and a r...
Citations: Restatement (Second) of Contracts 89, Restatement (Second) of Contracts 73, NCBE NextGen UBE Content Scope, Contracts
A manufacturer signed an agreement with a parts supplier stating, "Supplier promises to sell circuit boards to Manufa...
...oards. The supplier sues, arguing that the manufacturer's promise was consideration. Which statement is most accurate? The best answer identifies the buyer's complete discretion as making the promise illusory. Restatemen...
Citations: Restatement (Second) of Contracts 77, UCC 2-306, NCBE NextGen UBE Content Scope, Contracts
A museum hired a contractor to renovate a gallery for a fixed price of $400,000. Halfway through the work, the contra...
...h additional payment promises are enforceable for lack or presence of consideration, including any differences between common-law and UCC modifications. This essay tests common-law contr...
Citations: Restatement (Second) of Contracts 73, Restatement (Second) of Contracts 89, UCC 2-209, NCBE NextGen UBE Content Scope, Contracts
A restaurant contracted in a signed writing to buy 500 custom plates from a merchant manufacturer for $20 each. Befor...
...o pay more than $20 per plate, arguing that it received no additional consideration. Which statement is most accurate under UCC Article 2? The best answer states Article 2's no-consideration rule for modifications while...
Citations: UCC 2-209, NCBE MBE Subject Matter Outline, Contracts, NCBE NextGen UBE Content Scope, Contracts
A software company emailed an engineer a signed offer stating that she would start work as director of security on Ju...
...o enforceable contract because employment was at will and she gave no consideration beyond preparing to work. Analyze whether the engineer can recover under promissory estoppel and what measure of relief is most likely...
Citations: Restatement (Second) of Contracts 90, NCBE MBE Subject Matter Outline, Contracts, NCBE NextGen UBE Content Scope, Contracts
An aunt who owned several restaurants told her nephew, "If you manage my new food stand every weekend this summer and...
...$12,000 and that the nephew is family. Which statement best describes consideration? The best answer recognizes bargained-for services and forbearance as consideration despite unequal value. Restatement (Second) of Contr...
Citations: Restatement (Second) of Contracts 71, Restatement (Second) of Contracts 79, NCBE NextGen UBE Content Scope, Contracts
An uncle emailed his niece, "I have decided to give you my old car. Come to my house Saturday and pick it up." The ni...
...ive it to her. The niece sues, arguing that her trip to the house was consideration for the promise. Which statement is most accurate? The best answer distinguishes a conditional gift from a bargained-for exchange. Resta...
Citations: Restatement (Second) of Contracts 71, NCBE MBE Subject Matter Outline, Contracts
While a homeowner was traveling, a neighbor voluntarily mowed the homeowner's overgrown lawn without being asked. Whe...
...." The homeowner later refused to pay. Which statement best describes consideration? The best answer identifies the mowing as past consideration not bargained for when performed. Restatement (Second) of Contracts 71, Res...
Citations: Restatement (Second) of Contracts 71, Restatement (Second) of Contracts 86, NCBE MBE Subject Matter Outline, Contracts
A forum follows the better-law approach to choice of law. The parties dispute whether the forum should apply a modern...
...The correct answer states the better-law approach. Choice-influencing considerations approach
Citations: Choice-influencing considerations approach
Plaintiff and Defendant are residents of State F. While driving separately through State G on vacation, Defendant neg...
...in a collision. State F applies the better-law or choice-influencing-considerations approach to conflict of laws. State F allows ordinary negligence recovery among co-residents and has abolished a family-immunity rule...
Citations: Choice-influencing considerations approach, Modern conflict-of-laws principles
A merchant seller signed a letter offering to sell 10,000 pounds of copper wire and stating, "This offer will remain...
...ting, "This offer will remain open for six months." The buyer gave no consideration for the promise to keep the offer open. Two months later, the seller attempted to revoke. Which statement best describes the seller's po...
Citations: UCC 2-104, UCC 2-205, NCBE NextGen UBE Content Scope, Contracts
A seller promised to keep an offer open while the buyer made costly preparations. The moving party has the burden on...
...be resolved? Correct. Contract formation requires offer, acceptance, consideration or a substitute such as promissory estoppel, and sufficiently definite terms. Track commitment language, timing, revocation, acceptance...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
A seller promised to keep an offer open while the buyer made costly preparations. A party invokes an equitable or dis...
...est analysis? Correct. Contract formation requires offer, acceptance, consideration or a substitute such as promissory estoppel, and sufficiently definite terms. Track commitment language, timing, revocation, acceptance...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
A seller promised to keep an offer open while the buyer made costly preparations. Another actor changed position afte...
...nt interests? Correct. Contract formation requires offer, acceptance, consideration or a substitute such as promissory estoppel, and sufficiently definite terms. Track commitment language, timing, revocation, acceptance...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
A seller promised to keep an offer open while the buyer made costly preparations. One argument was preserved, while a...
...n and merits? Correct. Contract formation requires offer, acceptance, consideration or a substitute such as promissory estoppel, and sufficiently definite terms. Track commitment language, timing, revocation, acceptance...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205