A merchant grocer and a merchant 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 sig...
Citations: UCC 1-303, UCC 2-202, NCBE NextGen UBE Content Scope, Contracts
A brewery contracted to buy "all hops required for Brewery's seasonal ale, estimated at 2,000 pounds," from a farmer for one season. After a social-media promotion unexpectedly increased demand, the brewery ordered 7,500...
Citations: UCC 2-306, UCC 2-309, NCBE NextGen UBE Content Scope, Contracts
A buyer and seller signed a final written contract for a used truck stating that the truck was sold "as is" and that the writing was the complete and exclusive statement of the parties' agreement. The buyer seeks to intr...
Citations: Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 213, NCBE NextGen UBE Content Scope, Contracts
...a commercial lot in federal court for specific performance of a sale contract. A second co-owner, who did not sign the contract, claims an ownership interest that could be impaired if the court orders transfer of the wh...
Citations: Fed. R. Civ. P. 19
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)
A contractor had a contract with an owner under which the owner would pay $70,000 when renovation work was complete. To secure a loan, the contractor signed a letter to a lender stating, "I hereby assign to Lender my rig...
Citations: Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 324, NCBE NextGen UBE Content Scope, Contracts
A defendant signed a commercial contract agreeing that any lawsuit arising from the contract may be filed in State R courts. The plaintiff later sues there on the contract. What is the best personal-jurisdiction argument...
Citations: General personal-jurisdiction consent principles
...ary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline. The plaintiff's response does not address the notice deadline at all and cites no contrary evidence. Which statement best...
Citations: Fed. R. Civ. P. 56(e)
A medical-device company contracted with a supplier for custom sensors needed to complete ventilators for a hospital system. Two weeks before delivery, after the supplier had already manufactured the sensors, the supplie...
Citations: Restatement (Second) of Contracts 174, Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, Restatement (Second) of Contracts 177
A new fitness studio sued a contractor for late completion and sought $500,000 in lost profits. The studio had never operated before, had no signed memberships, and relied only on the owner's optimistic projection. The c...
Citations: Restatement (Second) of Contracts 352, NCBE NextGen UBE Content Scope, Contracts
A plaintiff sues one diverse defendant, asserting a $50,000 contract claim and a $30,000 tort claim. Which statement best describes the amount in controversy? The correct answer states the common aggregation rule for div...
Citations: 28 U.S.C. 1332(a)
...r sued an author in federal court for breach of a manuscript-delivery contract. The complaint alleged that the author signed the contract, received a $75,000 advance, promised to deliver a manuscript by May 1, failed to...
Citations: Fed. R. Civ. P. 8(b), Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 12(f), Fed. R. Civ. P. 15
A restaurant contracted to buy 100 stainless prep tables from a merchant seller for delivery by June 30. On June 20, the seller delivered 100 tables, but 20 had the wrong leg height. The restaurant rejected the entire sh...
Citations: UCC 2-508, UCC 2-601, UCC 2-602, UCC 2-606, UCC 2-607, UCC 2-608
A seller contracted to deliver a unique machine part to a buyer for $40,000. On the day delivery was due, the seller refused to deliver unless the buyer signed a modification increasing the price to $60,000. The seller h...
Citations: Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, NCBE NextGen UBE Content Scope, Contracts
...task memo asks for an opinion letter to the client about a threatened contract dispute. A student wants to address the letter to opposing counsel and threaten immediate litigation because the client's position is fairly...
Citations: NCBE MPT preparation materials
...that it would pay $20,000 of ticket proceeds to a named charity. The contract required the promoter to sell at least 1,000 tickets before any proceeds payment was due. The promoter sold only 600 tickets. The charity sue...
Citations: Restatement (Second) of Contracts 309, NCBE NextGen UBE Content Scope, Contracts
In a contract suit over whether a buyer accepted late delivery of machine parts, the seller offers evidence that the buyer failed a college accounting class 20 years earlier. No claim or defense concerns the buyer's educ...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 402
QuickCart contracted with Omar to deliver groceries. The written agreement called Omar an independent contractor and required him to provide his own car. QuickCart, however, required Omar to wear a QuickCart shirt, accep...
Citations: Restatement (Third) of Agency sections 7.07, 7.08
...bakery sued a grocery chain in federal court for terminating a supply contract. The chain moved for summary judgment, relying on the contract, delivery logs, and a declaration from its purchasing manager stating from per...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Fed. R. Civ. P. 56(h)
A bicycle company contracted with a merchant supplier for 5,000 custom brake assemblies to be delivered in July. In May, the supplier emailed, "We will not deliver unless you agree to a 40 percent price increase. Otherwi...
Citations: Restatement (Second) of Contracts 250, Restatement (Second) of Contracts 251, Restatement (Second) of Contracts 256, UCC 2-609, UCC 2-610, UCC 2-611
A boutique contracted to buy 200 custom-labeled jackets from a manufacturer, with delivery to one local store. The boutique then assigned its right to receive the jackets to a national chain that demanded delivery to 30...
Citations: UCC 2-210, NCBE NextGen UBE Content Scope, Contracts
A building contract made final payment conditional on the city inspector's approval. The contractor finished the work and asked the owner to schedule the inspection, but the owner repeatedly refused to allow the inspecto...
Citations: Restatement (Second) of Contracts 225, Restatement (Second) of Contracts 245, NCBE NextGen UBE Content Scope, Contracts
A buyer and seller contracted for the sale of a parcel that both believed could be used for a four-unit apartment building. Unknown to both, a zoning amendment adopted the week before signing limited the parcel to single...
Citations: Restatement (Second) of Contracts 151, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 154, NCBE NextGen UBE Content Scope, Contracts
A buyer contracted to buy 1,000 parts for $10 each. The seller repudiated. The buyer promptly and reasonably bought substitute parts for $13 each and incurred $500 in reasonable incidental expenses. The buyer saved $200...
Citations: UCC 2-712, UCC 2-715, NCBE NextGen UBE Content Scope, Contracts
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