.... Analyze whether performance is excused in each transaction based on frustration, impossibility, impracticability, or ordinary business risk. This essay tests impossibility, impracticability, frustration of purpose, ris...
Citations: Restatement (Second) of Contracts 261, Restatement (Second) of Contracts 265, UCC 2-615, NCBE NextGen UBE Content Scope, Contracts
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
...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
...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
...to a customer. The frame cracked during ordinary city riding because of a manufacturing flaw. The shop is a merchant that regularly sells bicycles. Which statement best describes the implied warranty of merchantability?...
Citations: UCC 2-314, 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
...party but impose a substantial burden on another party who had notice of the risk. The opponent argues that the remedy is categorically unavailable. How should the court, tribunal, or decision maker resolve the dispute?...
Citations: Hadley v. Baxendale, Restatement contract remedies, UCC Article 2 remedies
...agreed to pay a consultant $15,000 if the consultant would "take care of" a failed health inspection by giving the inspector cash and persuading the inspector to change the report. The consultant did so and now sues for...
Citations: Restatement (Second) of Contracts 178, Restatement (Second) of Contracts 179, Restatement (Second) of Contracts 208, UCC 2-302, NCBE NextGen UBE Content Scope, Contracts
...it without fault by either party. Which statement best describes risk of loss? The best answer states the ordinary risk-of-loss rule for shipment contracts. UCC 2-319, UCC 2-509, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-319, UCC 2-509, NCBE NextGen UBE Content Scope, Contracts
...a merchant, sent a signed letter to a bridge contractor stating, "We offer to sell 500 tons of grade X steel at $900 per ton. This offer will remain open for 60 days." Thirty days later, the contractor mailed a purchase...
Citations: UCC 2-104, UCC 2-205, UCC 2-206, UCC 2-207, NCBE NextGen UBE Content Scope, Contracts
...with a jewelry dealer for cleaning. The dealer regularly sold watches of that kind. Without authority, the dealer sold the watch from its display case to a customer who bought in good faith and without knowledge of the o...
Citations: UCC 2-403, NCBE NextGen UBE Content Scope, Contracts
A seller promised to keep an offer open while the buyer made costly preparations. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
...se the landowner wanted the warehouse completed to increase the value of her adjacent property. The bank made the loan in reliance on that statement. Analyze the statute of frauds issues for the land sale, the 18-month s...
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
...plete discretion as making the promise illusory. Restatement (Second) of Contracts 77, UCC 2-306, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 77, UCC 2-306, NCBE NextGen UBE Content Scope, Contracts
...a nonconforming shipment. UCC 2-206, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-206, 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
...ent is most accurate? The best answer states the Article 2 revocation of acceptance standard. UCC 2-607, UCC 2-608, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-607, UCC 2-608, NCBE NextGen UBE Content Scope, Contracts
...ight custom assembly robots, installation, calibration, and two weeks of operator training." The robots accounted for $640,000 of the expected $760,000 total value. The letter stated that final installation scheduling an...
Citations: UCC 2-102, UCC 2-105, UCC 2-204, UCC 2-305, NCBE NextGen UBE Content Scope, Contracts
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