...erchant farm entered a signed written contract for monthly deliveries of "Grade A apples, delivery to grocer's warehouse, $1.10 per pound." The writing did not contain a merger clause. Before signing, the farm orally pro...
Citations: UCC 1-303, UCC 2-202, NCBE NextGen UBE Content Scope, Contracts
...Before the hotel canceled, the manufacturer bought custom thread and completed embroidery on 80 bedspreads. The bedspreads were not suitable for ordinary sale to other hotels without removing the embroidery. Which state...
Citations: UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
...the seller admitted under oath that the parties had agreed to a sale of 700 widgets but denied 1,000. No signed writing exists. Which statement is most accurate under UCC 2-201? The best answer applies UCC 2-201's parti...
Citations: UCC 2-201, UCC 2-606, NCBE NextGen UBE Content Scope, Contracts
...hs if no delays occurred. Which statement best describes the one-year statute of frauds issue? The best answer states the possibility-based one-year statute rule. Restatement (Second) of Contracts 110, NCBE NextGen UBE C...
Citations: Restatement (Second) of Contracts 110, NCBE NextGen UBE Content Scope, Contracts
...2 grade lumber." The buyer seeks to introduce evidence that, in prior contracts between them and in the lumber trade, "No. 2 grade" is understood to include kiln-dried lumber unless otherwise stated. The buyer also seeks...
Citations: UCC 1-303, UCC 2-202, NCBE NextGen UBE Content Scope, Contracts
...00 mugs, and the theater later refused to take more than 800. Analyze statute of frauds and parol evidence issues for the lobby lease and the mug modification. This essay tests signed memoranda, linked writings, later mo...
Citations: Restatement (Second) of Contracts 131, Restatement (Second) of Contracts 132, Restatement (Second) of Contracts 149, UCC 2-201, UCC 2-209
Two merchants orally agreed that a wholesaler would sell 600 cases of olive oil to a grocer for $18 per case. The wholesaler sent a signed written confirmation the next day. The grocer received it, had reason to know its...
Citations: UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
..."as is" and that the writing was the complete and exclusive statement of the parties' agreement. The buyer seeks to introduce evidence that, before signing, the seller orally promised that the truck had a new engine. Whi...
Citations: Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 213, NCBE NextGen UBE Content Scope, Contracts
...ty. The bank made the loan in reliance on that statement. Analyze the statute of frauds issues for the land sale, the 18-month services agreement, and the landowner's promise to the bank. This essay tests common-law stat...
Citations: Restatement (Second) of Contracts 110, Restatement (Second) of Contracts 129, Restatement (Second) of Contracts 131, Restatement (Second) of Contracts 116, NCBE NextGen UBE Content Scope, Contracts
...CC 2-201's quantity limit. UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
...cceptance, and admissions. UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
...000. The writing stated that it was "the final and complete agreement of the parties" and that the contractor would install "standard maple cabinets." Before signing, the contractor orally promised to install custom waln...
Citations: Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 210, Restatement (Second) of Contracts 213, Restatement (Second) of Contracts 214, Restatement (Second) of Contracts 216
A merchant seller signed a letter offering to sell 10,000 pounds of copper wire and stating, "This offer will remain open for six months." The buyer gave no consideration for the promise to keep the offer open. Two month...
Citations: UCC 2-104, UCC 2-205, NCBE NextGen UBE Content Scope, Contracts
A seller showed a buyer a sample of industrial fabric and stated, "This fabric is flame resistant up to 500 degrees." The buyer ordered fabric relying on the sample and statement. The delivered fabric ignited at 300 degr...
Citations: UCC 2-313, NCBE NextGen UBE Content Scope, Contracts
A buyer and seller signed a written agreement for the sale of a business. At signing, both orally agreed that the writing would become binding only if the buyer's bank approved financing by Friday. The bank rejected fina...
Citations: Restatement (Second) of Contracts 214, NCBE NextGen UBE Content Scope, Contracts
...tility connections. The seller then refused to close and asserted the statute of frauds. Which statement is most accurate? The best answer applies the part-performance exception for oral land contracts. Restatement (Seco...
Citations: Restatement (Second) of Contracts 110, Restatement (Second) of Contracts 129, NCBE NextGen UBE Content Scope, Contracts
...nt stream. The tenant did not pay. Which statement best describes the statute of frauds issue? The best answer applies the main-purpose exception to a promise to pay another's debt. Restatement (Second) of Contracts 110...
Citations: Restatement (Second) of Contracts 110, Restatement (Second) of Contracts 116, NCBE NextGen UBE Content Scope, Contracts
...ith 20 custom ovens and to install them. The ovens accounted for most of the contract price, and the installation was routine. A dispute later arose over whether Article 2 applies. Which statement best describes the Arti...
Citations: UCC 2-102, UCC 2-105, NCBE NextGen UBE Content Scope, Contracts
...nt 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 offer open. Fou...
Citations: UCC 2-205, NCBE MBE Subject Matter Outline, Contracts, NCBE NextGen UBE Content Scope, Contracts
A bakery emailed a merchant mill: "Ship 1,000 pounds of organic flour at $1.20 per pound for delivery this week." The mill promptly emailed, "We will ship tomorrow." Before shipment, the bakery attempted to cancel, sayin...
Citations: UCC 2-204, UCC 2-206, NCBE NextGen UBE Content Scope, Contracts
A grocery chain contracted to buy weekly shipments of oranges for six months. One weekly shipment arrived with a small number of bruised oranges that the seller could replace the next day. The buyer rejected the shipment...
Citations: UCC 2-612, NCBE NextGen UBE Content Scope, Contracts
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Hadley v. Baxendale, Restatement contract remedies, UCC Article 2 remedies
...hanged position after relying on the relevant statement, document, or official action. Which analysis best protects the legally relevant interests? Correct. Contract remedies protect expectation, reliance, restitution, o...
Citations: Hadley v. Baxendale, Restatement contract remedies, UCC Article 2 remedies
...red substitute-performance costs. The record contains both written proof and disputed oral testimony. Which answer gives the best treatment of the proof and governing rule? Correct. Contract remedies protect expectation...
Citations: Hadley v. Baxendale, Restatement contract remedies, UCC Article 2 remedies
USABarPrep Coach