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Results for “Contracts Clause”

24 catalog matches
Question Constitutional Law | Due Process and Equal Protection | ESSAY Hard

City A awards contracts for public park construction. After a consultant reported that minority-owned firms had recei...

City A awards contracts for public park construction. After a consultant reported that minority-owned firms had received only five percent of city park contracts over the past decade, the city adopted two ordinances. The...

Citations: U.S. Const. amend. XIV, Adarand Constructors, Inc. v. Pena, Village of Arlington Heights v. Metropolitan Housing Development Corp., Students for Fair Admissions, Inc. v. President and Fellows of Harvard College

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Question Contracts | UCC Article 2 Basics | ESSAY Hard

A brewery contracted to buy "all hops required for Brewery's seasonal ale, estimated at 2,000 pounds," from a farmer...

...e. This essay tests Article 2 quantity terms, requirements and output contracts, exclusive dealing, good faith, and reasonable time rules. UCC 2-306, UCC 2-309, NCBE NextGen UBE Content Scope, Contracts

Citations: UCC 2-306, UCC 2-309, NCBE NextGen UBE Content Scope, Contracts

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Question Contracts | Defenses and Capacity | ESSAY Hard

A buyer agreed to purchase a small apartment building from a seller. Before signing, the buyer asked whether the base...

...ed the seller's offer to include an inspection and zoning-contingency clause. In a third transaction, a contractor submitted a $48,000 written bid for renovation work but accidentally omitted a $20,000 plumbing line item...

Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 153, Restatement (Second) of Contracts 154

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Question Contracts | Third-Party Rights | ESSAY Hard

A city settled a dispute with a neighborhood clinic by promising to help fund a public health wing. The city then con...

...fication, and defenses against a beneficiary. Restatement (Second) of Contracts 302, Rest...

Citations: Restatement (Second) of Contracts 302, Restatement (Second) of Contracts 304, Restatement (Second) of Contracts 309, Restatement (Second) of Contracts 311, NCBE NextGen UBE Content Scope, Contracts

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Question Contracts | Statute of Frauds and Parol Evidence | ESSAY Hard

A merchant grocer and a merchant farm entered a signed written contract for monthly deliveries of "Grade A apples, de...

...grocer seeks to introduce evidence of the trade usage, prior similar contracts between the parties, the first four months of performance, and the prior oral organic-only promise. Analyze the admissibility and effect of...

Citations: UCC 1-303, UCC 2-202, NCBE NextGen UBE Content Scope, Contracts

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Question Contracts | Statute of Frauds and Parol Evidence | ESSAY Hard

A theater orally agreed to lease a lobby space to a coffee vendor for two years at $4,000 per month. The theater mana...

...ifications, and no-oral-modification clauses. Restatement (Second) of Contracts 131, Restatement (Second) of Contracts 132, Restatement (Second) of Contracts 149, UCC 2-201, UCC 2-209

Citations: Restatement (Second) of Contracts 131, Restatement (Second) of Contracts 132, Restatement (Second) of Contracts 149, UCC 2-201, UCC 2-209

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Question Contracts | Remedies | ESSAY Hard

A winery agreed to sell a particular hillside parcel to a buyer for $900,000. The contract stated that if either part...

...personal services, and negative injunctions. Restatement (Second) of Contracts 356, Restatement (Second) of Contracts 357, Restatement (Second) of Contracts 359, Restateme...

Citations: Restatement (Second) of Contracts 356, Restatement (Second) of Contracts 357, Restatement (Second) of Contracts 359, Restatement (Second) of Contracts 367, UCC 2-716, UCC 2-718

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Question Contracts | Third-Party Rights | ESSAY Hard

An event company contracted to stage a trade show for a manufacturer for $120,000, payable after the show. The contra...

...ce, and obligor defenses against an assignee. Restatement (Second) of Contracts 317, Restatemen...

Citations: Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 322, Restatement (Second) of Contracts 324, Restatement (Second) of Contracts 336, NCBE NextGen UBE Content Scope, Contracts

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Question Civil Procedure | Venue and Transfer | MULTIPLE_CHOICE Medium

A commercial contract contains a valid clause requiring suit in the federal District of State M. The plaintiff files...

A commercial contract contains a valid clause requiring suit in the federal District of State M. The plaintiff files in the federal District of State N, where venue is otherwise proper under Section 1391. How is the clau...

Citations: Atlantic Marine Construction Co. v. U.S. District Court, 28 U.S.C. 1404(a)

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Question Constitutional Law | First Amendment | MULTIPLE_CHOICE Medium

A city auditor's job includes reviewing contracts for waste and writing internal reports. After finding serious overb...

A city auditor's job includes reviewing contracts for waste and writing internal reports. After finding serious overbilling, the auditor writes a required report to her supervisor. The city later disciplines her for the...

Citations: U.S. Const. amend. I, Garcetti v. Ceballos, Pickering v. Board of Education

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Question Business Associations | Directors and Officers | MULTIPLE_CHOICE Medium

A corporation's president regularly signs routine customer contracts. Without a board vote, the president signs an ag...

A corporation's president regularly signs routine customer contracts. Without a board vote, the president signs an agreement to sell the corporation's only factory. Which statement best describes the president's apparent...

Citations: Agency principles applied to corporate officers

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Question Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE Hard

Congress enacted a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, an...

...ll-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped from another state for di...

Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization

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Question Business Associations | Corporations Formation and Authority | ESSAY Hard

Summit Malt Inc. operates one brewery. Its president, Dana, routinely signs grain and bottle contracts for the compan...

...es one brewery. Its president, Dana, routinely signs grain and bottle contracts for the company. Without a board vote, Dana signed a one-year grain-supply contract at market prices. The next day, also without a board vot...

Citations: Model Business Corporation Act principles

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Question Contracts | Defenses and Capacity | ESSAY Hard

A 17-year-old student bought a high-end laptop from an electronics store for $2,400 on a six-month payment plan. The...

...restitution, and ratification after majority. Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts

Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts

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Question Contracts | Defenses and Capacity | MULTIPLE_CHOICE Hard

A 17-year-old who lived away from home was taken to a hospital after a car accident. The hospital provided emergency...

...applies the necessaries exception for minors. Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts

Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts

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Question Contracts | Statute of Frauds and Parol Evidence | MULTIPLE_CHOICE Hard

A buyer and seller signed a final written contract for a used truck stating that the truck was sold "as is" and that...

...o bar contradiction of an integrated writing. Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 213, NCBE NextGen UBE Content Scope, Contracts

Citations: Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 213, NCBE NextGen UBE Content Scope, Contracts

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Question Contracts | Third-Party Rights | MULTIPLE_CHOICE Medium

A contractor had a contract with an owner under which the owner would pay $70,000 when renovation work was complete....

...g a payment right under an existing contract. Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 324, NCBE NextGen UBE Content Scope, Contracts

Citations: Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 324, NCBE NextGen UBE Content Scope, Contracts

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