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
...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
...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
...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
...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
...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
...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
...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
A merchant seller orally agreed to sell a merchant buyer 2,000 tablets for $100 each. The seller later sent a signed email stating, "Confirming tablet sale at $100 each, 1,200 units." The buyer seeks to enforce the ag...
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
A hotel orally ordered 300 bedspreads embroidered with the hotel's name from a textile manufacturer for $70 each. Before the hotel canceled, the manufacturer bought custom thread and completed embroidery on 80 bedspre...
Citations: UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
A merchant buyer and merchant seller signed a final written contract for "No. 2 grade lumber." The buyer seeks to introduce evidence that, in prior contracts between them and in the lumber trade, "No. 2 grade" is unde...
Citations: UCC 1-303, UCC 2-202, NCBE NextGen UBE Content Scope, Contracts
A restaurant orally ordered 1,000 custom ceramic bowls from a merchant pottery studio for $12 each. The studio sent the restaurant a signed email confirming "1,000 bowls at $12 each, delivery June 1." The restaurant's...
Citations: UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
...ements for trusts of land. Uniform Trust Code section 407, Common-law Statute of Frauds principles
Citations: Uniform Trust Code section 407, Common-law Statute of Frauds principles
...each class action in federal court turns on whether a federal privacy statute creates a private right of action. The district court denied the defendant's motion to dismiss, acknowledging a deep split among district cour...
Citations: 28 U.S.C. 1292(b), Fed. R. App. P. 5
A federal statute authorizes a board made up of executives from the five largest trucking companies to set binding minimum rates for all smaller trucking companies. A federal agency must publish the board's rates but may...
Citations: U.S. Const. art. I, Carter v. Carter Coal Co., A.L.A. Schechter Poultry Corp. v. United States
...tive suit on behalf of a corporation governed by an MBCA-style demand statute. Which statement best describes the demand requirement? The correct answer states the commonly tested MBCA demand requirement. Model Business...
Citations: Model Business Corporation Act derivative demand principles
A state statute provides that only United States citizens may work as public-school teachers, police officers, tax auditors, or janitors in state office buildings. A lawful permanent resident denied a janitor position ch...
Citations: U.S. Const. amend. XIV, Graham v. Richardson, Sugarman v. Dougall, Foley v. Connelie, Mathews v. Diaz
Congress enacts a statute barring any person from serving in the House of Representatives if the person has previously been censured by a state legislature. A candidate who meets the constitutional age, citizenship, and...
Citations: U.S. Const. art. I, sec. 2, U.S. Const. art. I, sec. 5, Powell v. McCormack, U.S. Term Limits, Inc. v. Thornton
Congress enacts a statute under Section 5 of the Fourteenth Amendment requiring states to change their court-access procedures after hearings documenting repeated denials of access to disabled litigants. The statute also...
Citations: U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison
Officer sues City in federal court for retaliation under a federal statute and also brings a state-law defamation claim under supplemental jurisdiction. Officer seeks damages for emotional distress. City seeks three cate...
Citations: Fed. R. Evid. 501, Fed. R. Evid. 502, Jaffee v. Redmond
The President recognizes the new government of Country A. A state statute declares that the state will recognize only the former government and bars the new government's state-owned bank from state courts. The bank argue...
Citations: U.S. Const. art. II, Zivotofsky v. Kerry, United States v. Belmont, United States v. Pink
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