Contracts Sample Exam Questions
Fall 2003
Eric Goldman
General Notes:
- Where the relationship involves the sale of goods, apply the UCC. Otherwise, apply the Restatements, common law principles or both.
- If more information would be helpful to answer a question, state what additional information you’d like to know and why it would be helpful.
Question 1 (90 minutes; max. 1,800 words if typed)
Joe and Jane are discussing getting engaged. As part of planning their lives together, Joe tells Jane that he wants at least 2 kids with her (genetically related to both of them, not adopted) and will not marry Jane if she feels differently. Jane agrees. After Joe and Jane get married, Jane changes her mind and decides that she does not want to have kids. Therefore, she always uses birth control.
- Joe finds our about Jane’s behavior. Does Joe have any contract law remedies?
- Same question, but now also assume that as part of their discussions, Joe and Jane wrote down that they both want to have 2 kids within 10 years following marriage, and each of them signed this document. Does this change the result?
- Same question, but now also assume the couple divorces. Does this change the result?
- Same question, but now also assume it turns out Joe was sterile and neither party knew. Does this change the result?
- Ignore the facts from the last 2 bullet points. Instead of being negotiated during their engagement, now assume that the couple negotiated the written document after marriage. Does this change the result?
In each of the questions, discuss your reasons for your answer. You can answer each bullet independently or to combine your answers so long as you discuss all of the bullets.
Question 2 (30 minutes; max. 600 words if typed)
From TV show Ed, September 24, 2003. A dog breeder sells a dog to Nancy for $1,000 claiming that it is a pure-bred Wire Terrier. In fact, it is not a pure-bred dog. If Nancy had gone to the pet store, she could have bought a non-pure bred Wire Terrier for $150. Nancy wants to keep the dog, but she sues to receive a refund of $850. Is this a proper remedy?
Question 3 (30 minutes; max. 600 words if typed)
A restaurant posts a sign saying “No Shoes, No Shirt, No Service.” Under what situations might this sign constitute an enforceable contract?
Question 4 (30 minutes; max. 600 words if typed)
Joe is an author who has written an article on the history of Slinkies (the “Article”). He enters into a written contract with XYZ Publishing to transfer ownership of the Article to XYZ. The parties expect that XYZ will edit the Article prior to publication, which it does. The contract contains the following provision:
“XYZ grants to Joe the right to publish different versions of the Article in other publications.”
Joe takes the edited Article as published in XYZ’s periodical, makes three additional minor changes, and publishes the modified article in a competitive magazine. Has Joe breached his agreement with XYZ? [Ignore any copyright law aspects]
Question 5 (45 minutes; max. 900 words if typed)
The “Inner Light” company runs 60-minute programs designed to help attendees become aware of their inner goodness. The company advertises for a program in Milwaukee in various newspapers like the Milwaukee Journal Sentinel. The ads do not mention any charge for the event. No mention of fees is made during the event, but after the event is over, and as attendees are packing up to leave, an Inner Light company employee announces to the attendees that the fee for the event is $60. Can the Inner Light company collect the money?