Crucial Exams

Multistate Bar Examination Practice Question

Adam and Bob entered into a written contract in which Adam agreed to deliver 100 units of a specific product to Bob for $10,000. Shortly afterward, Adam discovered that his cost of obtaining the product had risen because of an unforeseen supply-chain disruption. Adam asked Bob to pay $12,000 instead of $10,000. Bob orally agreed to the higher price. Adam delivered the 100 units, and Bob accepted them but tendered only $10,000. Adam sues Bob for the additional $2,000. Which of the following BEST explains the legal outcome?

  • The modification is enforceable because good-faith modifications of goods contracts do not require additional consideration under the UCC.

  • The modification is unenforceable because common-law contract doctrine requires new consideration for any modification.

  • The modification is unenforceable because the oral price increase fails to satisfy the UCC Statute of Frauds, which requires a signed writing for sales of goods of $500 or more.

  • The modification is enforceable because Bob accepted the goods after agreeing to the higher price.

Multistate Bar Examination
Contracts
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