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
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
A promoter signed a preincorporation contract for web-hosting services. After incorporation, the corporation used the hosting services for four months, paid two invoices from its corporate account, and then refused to pa...
Citations: Model Business Corporation Act principles
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
...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
...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
...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
...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
...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
...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
...parties attempted to amend the promise away. Restatement (Second) of Contracts 311, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 311, NCBE NextGen UBE Content Scope, Contracts
...y continuing-liability rule after delegation. Restatement (Second) of Contracts 318, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 318, NCBE NextGen UBE Content Scope, Contracts
...wer states the common Article 2 approach for mixed goods-and-services contracts. UCC 2-102, UCC 2-105, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-102, UCC 2-105, NCBE NextGen UBE Content Scope, Contracts
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 supp...
Citations: Restatement (Second) of Contracts 174, Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, Restatement (Second) of Contracts 177
...nd its three-month limit. UCC 2-205, NCBE MBE Subject Matter Outline, Contracts, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-205, NCBE MBE Subject Matter Outline, Contracts, 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
...hree-month cap. UCC 2-104, UCC 2-205, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-104, UCC 2-205, NCBE NextGen UBE Content Scope, Contracts
...sonable-certainty limitation on lost profits. Restatement (Second) of Contracts 352, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 352, NCBE NextGen UBE Content Scope, Contracts
...standard and applies it to economic pressure. Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, NCBE NextGen UBE Content Scope, Contracts
...consequence. This essay tests contract formation in the syllabus path Contracts > Formation. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does no...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
...and whether UCC rules alter common-law defaults. Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
...consequence. This essay tests contract formation in the syllabus path Contracts > Formation. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does no...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
...se rule for intended-beneficiary enforcement. Restatement (Second) of Contracts 309, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 309, NCBE NextGen UBE Content Scope, Contracts
...ule and return obligation for retained goods. 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
USABarPrep Coach