K&S - Test Taking Tips & Things to Remember

Question 1

Determining Damages

Answer 1

Bar exam questions will focus on whether a party is entitled to a particular type of damage, rather than asking you to calculate an amount.

Even where numbers are involved, remember the different numbers will represent different types of damages.

Question 2

Applicability of the UCC

Answer 2

Note:

• The UCC applies to transactions in goods whether or not a merchant [expert in the trade] is involved.
• However, a few UCC provisions apply ONLY to Merchants, so always note if the seller or buyer is a merchant.

Question 3

What to do if the parties in question have an agreement that varies from the Code.

Answer 3

For the bar exame, usually, the parties’ agreement is silent about the problem being presented by the question and the provisions of the Code control your analysis.

If the parties have an agreement that varies from the Code, the question will specifically tell you what the parties have agreed.