Contracts and Sales (UCC Article 2) on the bar exam

Contracts is really two bodies of law tested as one: common law contract doctrine and Article 2 of the Uniform Commercial Code. The first question in every problem is which of the two governs, because the rules on acceptance, modification, and remedies diverge.

Because the subject is cumulative — formation, then defences, then performance, then remedies — a gap early in the sequence costs points later. Studying it in that order is the point of a dedicated volume.

• Identify goods versus services, and apply the predominant purpose test to hybrid contracts.
• UCC § 2-207 battle of the forms is tested on both the MBE and essays and cannot be answered by common law mirror-image reasoning.
• Statute of Frauds and parol evidence questions often hide inside a larger performance problem.
• Damages answers should separate expectation, reliance, and restitution, and address foreseeability and mitigation.

• Keep a two-column sheet of common law versus UCC rules; that comparison is where most points are won.
• Drill formation problems until the governing-law question is instinctive.
• Write remedies paragraphs in full sentences during practice, because remedies are where essay answers usually run out of time.

132 pages across 21 chapters, organised in the order the law applies:

• Governing law and hybrid contracts
• Offer, acceptance, and UCC § 2-207 battle of the forms
• Consideration, promissory estoppel, Statute of Frauds
• Parol evidence and interpretation
• Defenses: mistake, misrepresentation, unconscionability
• Perfect tender, cure, rejection, and revocation
• Warranties, risk of loss, and anticipatory repudiation
• Common law and UCC damages; third-party rights

• Civil Procedure
• Constitutional Law
• Criminal Law and Procedure
• Evidence
• Real Property
• Torts
• Business Associations
• Multistate Performance Test (MPT)
• Professional Responsibility (MPRE)